ORDINANCE NO. 766

AN ORDINANCE AMENDING CHAPTERS 158 AND 159 TO UPDATE REFERENCES TO CURRENT EDITION OF PROPERTY MAINTENANCE CODE 

  BE IT ENACTED by the City Council of the City of Sergeant Bluff, Iowa:

SECTION 1.    SUBSECTION MODIFIED.  Subsection 158.02(2) of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and replaced as follows:  

2.  Code Adopted. For the purpose of this Rental Housing Property Maintenance Code, the 2021 International Property Maintenance Code Chapter 1-7 and Appendix A therein along with the other provisions with this Chapter are hereby adopted and shall be further known as the City of Sergeant Bluff Rental Housing Code. An official copy of the IPMC 2021 edition, as adopted, can be viewed at the Inspection Services Department.

SECTION 2.    SUBSECTION MODIFIED.  Subsection 158.04(2) of the Code of Ordinances of the City of Sergeant Bluff, Iowa is repealed and replaced as follows:  

2. Inspections. Inspections of Owner-Occupied Dwellings, Single-Family Dwellings. Inspections of owner-occupied single-family dwellings shall occur only upon request by the owner or occupant to the City inspector and only the standards of Section 158.08 shall be applicable.

SECTION 3.    SECTION MODIFIED.  Section 158.11 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and replaced as follows:  

158.11  INTERNATIONAL PROPERTY MAINTENANCE CODE.

Chapters 1 through 7, and Appendix A of the 2021 Edition of the International Property Maintenance Code, published by the International Code Council (ICC), is hereby specifically incorporated by reference and shall be known as the Rental Housing Code of the City of Sergeant Bluff, Iowa, except for such portions as are modified herein, to regulate and govern the conditions and maintenance of all residential rental property, buildings and structures; to provide the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that residential rental structures are safe, sanitary and fit for occupation and use; to authorize the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing residential rental structures; and to provide for the issuance of permits and collection of fees therefore. A copy of the International Property Maintenance Code is available for public reference in the office of the City Inspector.

SECTION 4.    SECTION MODIFIED.  Section 158.12 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, is repealed and replaced as follows:  

158.12 MODIFICATIONS OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE.

Certain sections and portions of sections of the International Property Maintenance Code hereinafter IPMC are hereby amended, modified, or deleted as set for below.

1.   Section 302.4 is amended by deleting said subsection and inserting in lieu thereof the following:

A.   302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, including scrub-trees provided; however, this term shall not include cultivated flowers and gardens. Scrub-trees shall mean any volunteer tree or bush not purposefully planted and maintained.

B.   Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

C.   Property owners and occupants shall also comply with the requirements of Chapter 52 of this Code of Ordinances.

2.   Section 302.8 is amended to add the following language: “Property owners and occupants shall also comply with the requirements of Chapter 51 of this Code of Ordinances. 

3.  Section 304.3 - Subsection 304.3 is amended by deleting said subsection and inserting in lieu thereof the following: "Building numbering shall be regulated as provided in Chapter 150 of this Code of Ordinances."

4.   Section 304.14 - "[DATE] to [DATE]" shall be replaced with "April to October".

5.   Sections 308.1, 308.2 and 308.3 - Add the following references: "Property owners and occupants shall also comply with the requirements of Chapters 51 and 105."

6.   Section 506.1 - Add the following references: Sewer connections or other on-site private sewage disposal systems shall also comply with Chapters 96, 97 and 98 of this Code of Ordinances."

7.   Section 507.1 - "Add the following reference: Property owners and occupants shall also comply with the requirements of Chapters 101 and 157 of this Code of Ordinances."

8.   Section 602.3 - "[DATE] to [DATE]" shall be replaced with "September to May".

9.   Section 602.4 - "[DATE] to [DATE]" shall be replaced with "September to May".

10.The title "code official" as used throughout the International Property Maintenance Code shall refer to the "Building Inspector/Code Enforcement Officer" of the City of Sergeant Bluff, Iowa, and such title shall be considered synonymous and may be used interchangeably.

SECTION 5.    SECTION MODIFIED.  Section 159.01 of the Code of Ordinances of the City of Sergeant Bluff, Iowa, shall be repealed and replaced as follows:  

159.01   ADOPTION OF PROPERTY MAINTENANCE CODE.

The 2021 Edition of the International Property Maintenance Code, published by the International Code Council (ICC), is hereby specifically adopted and incorporated by reference and shall be known as the Property Maintenance Code of Sergeant Bluff, Iowa, except for such portions as are modified herein, to regulate and govern the conditions and maintenance of all property, buildings and structures; to provide the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; to authorize the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures; and to provide for the issuance of permits and collection of fees therefor. A copy of the International Property Maintenance Code is available for public reference in the Inspection Services Department. The following sections and portions of the 2021 Edition of the International Property Maintenance Code are hereby amended, deleted, modified, or added in said code as follows:

1.   Section 101 General. Subsection101.1 – Title. “[Name of Jurisdiction]” shall be replaced with “the City of Sergeant Bluff, Iowa.”

2.   Section 102 Applicability. Subsection 102.3 Application of other codes. Shall be replaced with “Repairs, additions or alternations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of applicable codes that have been adopted by the City of Sergeant Bluff, Iowa and applicable codes under federal or state law.”

3.   Section 103 Department of Property Maintenance Inspection. Subsection 103.1 General – “department of property maintenance inspection” shall be replaced with “Building Inspections/Code Enforcement Department”.

4.   Section 111 Unsafe Structures and Equipment. Subsection 111.4 Notice - Add the following reference: “For violations which constitute a nuisance defined by Chapter 50 of this Code of Ordinances, notices and procedures shall comply with Chapter 50 of this Code of Ordinances.”

5.   Section 111 Unsafe Structures and Equipment. Subsection 111.1 Unsafe Conditions- Add the following reference: “Alternatively, unsafe buildings may be addressed according to Chapter 145 of this Code of Ordinances”.

6.   Section 302 Exterior Property Areas. Subsection 302.4 Weeds - is amended by deleting said subsection and inserting in lieu thereof the following:

302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, including scrub-trees provided; however, this term shall not include cultivated flowers and gardens. Scrub-trees shall mean any volunteer tree or bush not purposefully planted and maintained.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

Property owners and occupants shall also comply with the requirements of Chapter 52 of this Code of Ordinances.

7.   Section 302 Exterior Property Areas. Subsection 302.8 Motor Vehicles is amended to add the following language: “Property owners and occupants shall also comply with the requirements of Chapter 51 of this Code of Ordinances.

8.   Section 304 Exterior Structure. Subsection 304.3 – Premises Identification. Is amended by deleting said subsection and inserting in lieu thereof the following: “Building numbering shall be regulated as provided in Chapter 150 of this Code of Ordinances.”

9.   Section 308 Rubbish and Garbage. Subsections 308.1, 308.2 and 308.3 – Add the following references: “Property owners and occupants shall also comply with the requirements of Chapters 51 and 105.”

10.   Section 506 Sanitary Drainage System. Subsection 506.1 – General. Add the following references: Sewer connections or other on-site private sewage disposal systems shall also comply with Chapters 96, 97 and 98 of this Code of Ordinances.”

11.   Section 507 Storm Drainage. Subsection 507.1 – General. “Add the following reference: Property owners and occupants shall also comply with the requirements of Chapters 101 and 157 of this Code of Ordinances.”

12.   Section 602 Heating Facilities. Subsection 602.3 – Heat Supply. “[DATE] to [DATE]” shall be replaced with “September to May”.

13.   The title “code official” as used throughout the International Property Maintenance Code shall refer to the “Building Inspector/Code Enforcement Officer” of the City of Sergeant Bluff, Iowa, and such title shall be considered synonymous and may be used interchangeably.

SECTION 6.  REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.  In all other respects, The Code of Ordinances of the City of Sergeant Bluff shall remain in effect.  

SECTION 7.  SEVERABILITY.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.  

SECTION 8.   EFFECTIVE DATE.  This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.  

Passed by the City Council of the City of Sergeant Bluff on the 8th day of July, 2025, and approved this 8th day of July, 2025.

MAYOR/MAYOR PRO TEM

Attest:

CITY CLERK 

First Reading:6/10/2025Vote for passage: 5-0

Second Reading: 6/24/25025Vote for passage:  3-0

Third Reading: 7/8/2025Vote for passage: 4-0  

Passed, Approved, and Adopted 8th day of July, 2025.

I, Danny Christoffers, City Clerk, certify that the foregoing was published as Ordinance No. 766 on the 17th day of July, 2025.

CITY CLERK