Chapter 1.01
CODE ADOPTION1
Sections:
1.01.015 Title – Citation – Reference.
1.01.020 Continuing effect of prior codes.
1.01.030 Title, chapter, and section headings.
1.01.040 Effect on matters of record – Reference to ordinances.
1.01.050 Effect on past actions and obligations.
1.01.060 Codification of ordinances – Authority for service.
1.01.070 Repeal of conflicting provisions.
1.01.080 Ordinances passed prior to code adoption.
1.01.090 References to ordinances in matters of record.
1.01.010 Code adopted.
There is hereby adopted the recodified “Black Hawk County Code,” as revised, reformatted, indexed, edited, and republished by Code Publishing Company, Seattle, Washington. [Ord. 134, 2014.]
1.01.015 Title – Citation – Reference.
This code shall be known as the Black Hawk County Code, and it shall be sufficient to refer to it as the Black Hawk County Code or the County Code in any prosecution for any violation of any of its prohibitions or offenses or in any proceeding at law or in equity. [Ord. 134, 2014.]
1.01.020 Continuing effect of prior codes.
Except as otherwise provided by this code or by ordinance, the 2009 Black Hawk County Code, previously adopted as a comprehensive and codified ordinance of the County, shall remain in full force and effect. In the event of any conflict between the provisions of the 2009 code and this code, the provisions of this code shall apply. The provisions of this code, insofar as they are the same as those of the 2009 code or other ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof, and not as new enactments. [Ord. 134, 2014.]
1.01.030 Title, chapter, and section headings.
Title, chapter and section headings shall not be deemed to govern, limit, modify or affect the scope, meaning or intention of any section, chapter, or title of this code. [Ord. 134, 2014.]
1.01.040 Effect on matters of record – Reference to ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to or are otherwise connected with ordinances designated by name or number and included within the 2009 code. Such reference shall be construed to apply to the corresponding provisions contained within this code. [Ord. 134, 2014.]
1.01.050 Effect on past actions and obligations.
Neither the adoption of this code, nor the repeal or amendment of the 1974 code or any other ordinance or part of any ordinance or a section thereof, shall in any manner affect the prosecution for violations of ordinances committed prior to the effective date of this code, nor shall such adoption be deemed a waiver of any license, fee or penalty due and unpaid under the 1974 code or such other ordinances on the effective date of this code. The adoption of this code and the repeal or amendment of any portion of the 1974 code or any other ordinance, the provisions of which are moved into this code, shall not be construed to affect any of the provisions of the 1974 code or that ordinance. All rights and obligations under the repealed, amended and reenacted provisions of the 1974 code or other ordinances which constitute this code shall continue in full force and effect notwithstanding the repeal, amendment and reenactment of those provisions of the 1974 code or such other ordinances under which such rights and obligations arose. [Ord. 134, 2014.]
1.01.060 Codification of ordinances – Authority for service.
This code consists of all regulatory, penalty, and administrative ordinances of Black Hawk County, Iowa, of a general and permanent character. Code Publishing Company of Seattle, Washington, is hereby authorized to revise, index, reformat and republish such as this code of ordinances and to make and publish future editorial amendments, technical corrections, revisions, reformats and supplements that do not affect the substantive meaning of this code for the County. [Ord. 134, 2014.]
1.01.070 Repeal of conflicting provisions.
Any ordinance not preserved as changed, added to or perfected by this revision, codification, and compilation that is in conflict with any portion(s) of this code is hereby repealed. [Ord. 134, 2014.]
1.01.080 Ordinances passed prior to code adoption.
The last ordinance included in the original code is Ordinance No. 107, passed December 8, 2009. The following ordinances, passed subsequent to Ordinance No. 107, but prior to adoption of this code, are hereby adopted and made a part of this code as follows:
A. Ordinance No. 108: establishing a local option sales and services tax applicable to transactions in the incorporated and unincorporated areas of Black Hawk County, Iowa.
B. Ordinance No. 109: establishing multiple updates to the floodplain regulations, including updating the definition of floodplain terms, and creating new standards for floodplain development, which require that new and substantially improved structures be elevated a minimum of two feet above the 100-year floodplain, provide minimum standards for how a structure is elevated, and place limitations on the amount of fill that can be used to elevate a structure.
C. Ordinance No. 110: establishing the Area service system B road classification in Black Hawk County, Iowa.
D. Ordinance No. 111: establishing the area service “C” road classification in Black Hawk County, Iowa.
E. Ordinance No. 112: would amend and add language to the current floodplain section in order to meet the current standards of the Department of Natural Resources (DNR) and Federal Emergency Management Agency (FEMA) prior to the adoption of the new Flood Insurance Rate Maps (FIRM) for Black Hawk County.
F. Ordinance No. 113: adds an entire section regulating the placement of wind towers, including definitions, regulations, and enforcement for the placement of wind energy facilities within Black Hawk County.
G. Ordinance No. 114: establishing the election precincts in all unincorporated areas and certain incorporated areas of Black Hawk County, Iowa, replacing in its entirety the present election precinct Ordinances No. 61 and No. 94 known as Code of Ordinances Title I, Administration, Chapter 6, Establishing Election Precincts.
H. Ordinance No. 115: Black Hawk County agricultural preservation and zoning Ordinance No. 36, amending Section II, Special Exemptions, subsection (A).
I. Ordinance No. 116: amendment to Ordinance No. 114, an ordinance to amend the description of certain election precincts.
J. Ordinance No. 117: an ordinance updating Black Hawk County model Ordinance No. 4, adoption of the Uniform Building Code and Uniform Building Code Standards of the state of Iowa.
K. Ordinance No. 118: amending Ordinance No. 36, as amended, the Black Hawk County, Iowa, agricultural preservation zoning ordinance adopted February 2, 1999, Section VII, General Regulations and Provisions, subsection (J).
L. Ordinance No. 119: amending Ordinance No. 36, as amended, the Black Hawk County, Iowa, agricultural preservation zoning ordinance adopted February 2, 1999, Section XXV, Site Plan Review, subsection (B).
M. Ordinance No. 120: amending Ordinance No. 36, as amended, the Black Hawk County, Iowa, agricultural preservation zoning ordinance adopted February 2, 1999, in regard to lot of record, Section VII, General Regulations and Provisions, subsection (J).
N. Ordinance No. 121: an ordinance establishing a local option sales and services tax applicable to transactions in the incorporated and unincorporated areas of Black Hawk County, Iowa.
O. Ordinance No. 122: an ordinance amending the Black Hawk County Code of Ordinances, Title 1, Administration, Chapter 2, County Infractions, Section 1-2-1, County Infractions.
P. Ordinance No. 123: Title I, Administration, Chapter 5, Purchase of Tax Sale Certificates, Section 1-5-7, Assignments of Tax Sale Certificates.
Q. Ordinance No. 124: an ordinance amending the Black Hawk County Code of Ordinances Title I, Administration, Chapter 3, Local Option Sales Tax, Section 1-3-1, Local Option Sales and Services Tax.
R. Ordinance No. 125: Title III, Public Safety, Chapter 3, Nuisance, Section 3-3-2, Definitions (H), Garbage; Title IV, Public Works, Chapter 1, Garbage, Refuse and Yard Waste, Section 4-1-2, Definitions (E), Garbage; Title IV, Public Works, Chapter 5, Regulating Public and Private Sewers: Washburn, Section 4-5-1, Definitions (I), Garbage.
S. Ordinance No. 126: Title III, Public Safety, Chapter 3, Nuisance, Section 3-3-2, Definitions (E), Person; Title IV, Public Works, Chapter 1, Garbage, Refuse and Yard Waste, Section 4-1-2, Definitions (H), Person; Title III, Public Safety, Chapter 2, Litter Control, Section 3-2-2, Definitions (N), Person.
T. Ordinance No. 127: Title IV, Public Works, Chapter 1, Garbage, Refuse and Yard Waste, Section 4-1-2, Definitions (G), Health Department.
U. Ordinance No. 128: Title III, Public Safety, Chapter 3, Nuisance, Section No. 3-3-3, Enumeration.
V. Ordinance No. 129, Title III, Public Safety, Chapter 4, Shock Guns, Section No. 3-4-2, Definitions.
W. Ordinance No. 130, Title IV, Public Works, Chapter 2, Snow and Ice Removal, Section No. 4-2-5, Emergency (A).
X. Ordinance No. 131, Title IV, Public Works, Chapter 5, Regulating Public And Private Sewers, Washburn, Section No. 4-5-5, Use of Public Sewers (I).
Y. Ordinance No. 132: Appendix B, Section IV, Subdivision Design Standard, A. General Requirements, 2. Streets, (O) Street Alignments.
Z. Ordinance No. 133: Title IV, Public Works, Chapter 4, Black Hawk County Plumbing Code, Section 50, Plumbing Permit Fee Schedule. [Ord. 134, 2014.]
1.01.090 References to ordinances in matters of record.
Any reference in matters of record to any ordinance existing prior to the adoption of this code shall be construed to apply to the corresponding code provisions in effect at the time of codification. Copies of this code that have been duly certified by the County shall be received without further proof as prima facie evidence of the provisions of such code in all courts and administrative tribunals of this state. [Ord. 134, 2014.]
1.01.100 Severability.
It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code is declared unconstitutional or without effect by any final judgment or decree of a court of competent jurisdiction, such judgment or decree shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. [Ord. 134, 2014.]
1.01.110 Effective date.
This code shall take effect 30 days after the date that the ordinance adopting this code becomes effective. [Ord. 134, 2014.]
Prior legislation: Ords. 31, 43, 90 and 107.