TITLE 1: INTRODUCTION
Chapter 2 General Provisions
1-2-1 Definitions
1-2-2 Extension of Authority
1-2-3 Grammatical Interpretation
1-2-4 Prohibited Acts Include Causing,
Permitting
1-2-5 Construction
1-2-6 Amendment
1-2-7
Severabilty
1-2-8
Right of Entry
1-2-9
Standard Penalty
1-2-10
County Infractions
1-2-1 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 a different meaning is
specially defined and more particularly directed to the use of such words or
phrases:
1. “Computation of
time” means the time within which an act is to be done. It shall be computed by excluding the
first day and the last day; and if the last day is Sunday or a legal holiday,
that day shall be excluded;
2. “County” means
Lee County, Iowa;
3. “Fiscal Year”
means July 1 to June 30;
4. “Law” denotes
applicable federal law, the Constitution and statues of the State of Iowa,
the Ordinances of the County; and when appropriate, any and all rules and
regulations which may be promulgated thereunder;
5. “May” confers a
power;
6. “Month” means a
calendar month;
7. “Must” states a
requirement;
8. “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”;
9. “Ordinance”
means a law of the County; however, an administrative action, order or
directive, may be in the form of a resolution;
10. “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;
11. “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;
12. “Personal
property” includes money, goods, chattels, things in action and evidences of
debt;
13. “Preceding” and
“following” mean next before and next after, respectively;
14. “Property”
includes real and personal property;
15. “Real property” includes
lands, tenements and hereditaments;
16. “Shall” imposes
a duty;
17. “State” means
the State of Iowa;
18. “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;
19. “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;
20. “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;
21. “Written”
includes printed, typewritten, mimeographed or multigraphed;
22. “Year” means a
calendar year;
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
1-2-2 EXTENSION OF AUTHORITY. When an act is required by an Ordinance
the same being such that it may be done as well be an agent as by the
principal, such requirement shall be construed as to include all such acts
performed by an authorized agent.
1-2-3
GRAMMATICAL INTERPRETATION. The following
frammatical rules shall apply in the Ordinances of the County:
.
1.
Gender.
Any gender includes the other gender;
2.
Singular and Plural. This singular number includes the plural
and the plural includes the singular;
3.
Tenses.
Words used in the present tense include the past and the future tenses
an vose versa;
4.
Use of Words and Phrases. Words and phrases not specifically defined
shall be construed according to the content and approved usage of the
language.
1-2-4 PROHIBITIED ACTS INCLUDE CAUSING,
PERMITTING. Whenever in the 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
1-2-5
CONSTRUCTION. The provisions of the Code and all proceeds under it are to be
contstrued with a view to affect its objects and to promote justice
1-2-6
AMENDMENTS. All ordinances which amend, repeal or in any manner affect this
Code of Ordinances shall include proper reference to chapter, section, subsection
or paragraph to maintain an orderly codification of ordinances of the County.
(Section 331.302 Code of Iowa)
1-2-7
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.
1-2-8
RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any
Ordinance, or whenever there is reasonable cause to believe that there exists
an Ordinance violation in any building or upon any premises within the
jurisdiction of the County, any authorized official of the County may, upon
presentation of proper credentials, enter such building or premises at all
reasonable times to inspect the same and to perform any duty imposed upon
such official by Ordinance; provided that, except in emergency situations,
such official shall first give the owner and/or occupant, if they can be
located after reasonable effort, twenty-four (24) hour written notice of the
authorized official’s intention to inspect.
In the event the owner and/or occupant refuses entry, the official is
empowered to seek assistance from any court or competent jurisdiction in
obtaining such entry.
1-2-9
STANDARD PENALTY. Unless another penalty is expressly
provided by the Code of Ordinances for any particular provision, section or
chapter, any person violating any provision of this Code of Ordinances or any
rule or regulation adopted herein by reference shall, upon conviction, be
subject to a fine of not more than five hundred dollars ($500.00) or
imprisonment not to exceed thirty (30) days (Section 331.302 §2 of the Code
of Iowa).
1-2-10 COUNTY
INFRACTIONS. A violation of this Code
of Ordinances or any ordinance or code therein adopted by reference or the
omission or failure to perform any act or duty requited by the same, with the
exception of those provisions specifically provided under State law as a
felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple
misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a county
infraction punishable by civil penalty as provided herein (Section
331.302.307 of the Code of Iowa)
1.
Penalties. A county infraction is punishable by the following civil penalties:
A.
First Offense – Not to exceed $750.00
B.
Each Repeat Offense – Not to exceed
$1,000.00
Each day that a violation occurs or is permitted to exist
constitutes a repeat offense.
2.
Civil Citations. Any officer authorized by the County to
enforce this Code of Ordinance may issue a civil citation to a person who
commits a municipal infraction. The
citation may be served by personal service as provided in Rule of Civil
Procedure 1.305, by certified mail addressed to the defendant at defendant’s
last known mailing address, return receipt requested, or by publication in
the manner as provided in Rule of Civil Procedure 1.310 and subject to the
conditions of Rule of Civil Procedure 1.311.
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.
3.
Alternative Relief. Seeking a civil penalty as authorized in
this chapter does not preclude the County from seeking alternative relief
from the court in the same action.
Such alternative relief may include, but is not limited to, an order
for abatement or injuctive relief.
4.
Criminal Penalties. This section does not preclude a peace
officer from issuing a criminal citation for a violation of this Code of
Ordinance or regulation if criminal penalties are also provided for the
violation. Nor does it preclude or
limit the authority of the County to enforce the provisions of this Code of
Ordinances by criminal sanctions or other lawful means.
.
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