Municipal Services
CITY & COUNTY RECODIFICATION
Iowa law requires that cities and counties compile a “code of ordinances.” Cities are required by Section 380.8 of the Iowa Code to compile a code of ordinances containing all city ordinances in effect, except grade ordinances, bond ordinances, zoning map ordinances, ordinances vacating streets and alleys, and ordinances containing legal descriptions of urban revitalization areas and urban renewal areas. The city clerk must maintain a copy of the code at city hall.
Cities are required to maintain their codes in one of three ways. First, the city may compile an annual supplement to the code of ordinances, which consists of all new ordinances and amendments to ordinances that became effective during the previous year. This supplement must be adopted by a resolution of the council and placed in the code of ordinances. Secondly, the city may insert new ordinances or amendments to ordinances directly into the code itself. This must be done at least annually. Finally, if the city does not compile an annual supplement, annually insert changes into its code directly, or has not made any additions or amendments to the city code, it must compile or “codify” the code of ordinances at least every five years. If there have been no substantive changes to the code, the city may simply adopt the code by ordinance. However, if the city has made additions, amendments or intends to change any code provision, it must hold a public hearing on the proposed code prior to its adoption.
County legislation is governed by Chapter 331.302 of the Code of Iowa, which requires that counties compile a code of ordinances containing all of the county ordinances in effect at least once every five years. If a proposed code of ordinances contains a proposed new ordinance or amendment, the board of supervisors must hold a public hearing on the code before adoption.
Region XII staff have worked with city and county codes for many years, and can assist in the property codification and adoption of city codes. Consultation with the city or county attorney is always part of the process.