ORDINANCE ___ REQUIREMENTS FOR UTILITIES OF HABITABLE STRUCTURES BE IT ENACTED by the City Council of the City of Pisgah, Harrison County, Iowa: SECTION 1. Purpose. The purpose of this ordinance is to protect the health, safety, and welfare of the residents of the City by ensuring that all properties intended for human habitation have essential services, including electric and water utilities. 1. Uninhabitable Status: Any residential, commercial, or other property within the City of that lacks active and functioning electric or water utility services, or both, for more than fourteen (14) days shall be declared uninhabitable. 2. Applicability: This declaration applies to any property used or intended for human occupancy or habitation, including but not limited to homes, apartments, mobile homes, and commercial spaces. 3. Exceptions: * Properties that are undergoing approved construction or renovation with a valid building permit that explicitly allows for a temporary suspension of utilities. * Properties in designated areas approved by the city for temporary or alternative living arrangements, such as sanctioned campgrounds or temporary housing units, provided basic sanitary conditions are met. 4. Emergency Condition Exemption: In the event of an officially declared emergency, the city council or city manager may issue a temporary exemption from the uninhabitable status outlined in this ordinance. This exemption may apply to properties without electric or water services, allowing continued occupancy until the emergency conditions are resolved. The exemption shall apply only for the duration of the declared emergency and shall be subject to any additional conditions imposed by the city, such as the temporary use of generators or water storage systems. 5. Notification of Uninhabitable Status: If a property remains without electric or water services beyond fourteen (14) days, and no emergency condition exemption has been declared, the city building inspector, code enforcement officer, or other designated city official shall issue a written notice declaring the property uninhabitable. 6. Content of Notice: The notice shall include: * A statement declaring the property uninhabitable due to the absence of electric or water services. * A requirement that services be restored within three (3) days or that the occupants vacate the premises. * Information on the appeal process. 7. Right to Appeal: The property owner or occupant may appeal the uninhabitable status by filing a written appeal with the city manager’s office within seven (7) days of receiving the notice. he appeal shall be heard by the Council. The Council’s decision shall be final. 8. Service of Notice: The notice shall be served to the property owner and any occupants by personal service, certified mail, or by posting the notice prominently on the property. 9. Enforcement and Civil Action for Removal: The Mayor or other authorized personnel shall have the authority to enforce this ordinance. 10. Civil Action for Removal: If any person continues to occupy the property after the time specified in the notice and services have not been restored, the city attorney may initiate a civil action in a court of competent jurisdiction to seek an order requiring the removal of all persons from the property until the utilities are fully restored. 11. Restoration of Services: Upon full restoration of electric and water services, the property owner may notify the city, and the city shall promptly inspect the property to verify compliance. Once compliance is confirmed, the uninhabitable status shall be lifted, and the property may be reoccupied. SECTION 2. Numbering. The ordinance shall be assigned an appropriate chapter and number in the City Code by the Clerk. SECTION 4. Repealer. All ordinances, resolutions, and motions of the City Council in conflict with this action are hereby repealed. SECTION 5. Effective Date. This ordinance shall be effective from and after its final passage, approval and publication as provided by law. First Reading Passed: __ Second Reading Passed: Waived Third Reading Passed: Waived Mayor ATTEST: City Clerk CLERK’S CERTIFICATE I, ____, City Clerk of the City of ___, Iowa, attest that the above and foregoing is a true and correct copy of an ordinance passed by the City Council of the City of ___, Iowa, as provided by law on the __ day of __, 20__, approved as provided by law on the __ day of __, 20__, and published as provided by law on the __ day of __, 20__, at 8:00 a.m. City Clerk MVTN 12-11-24
