Chapter 1.01
CODE ADOPTION¹ Revised 8/24

Sections:

1.01.010    Code adopted. Revised 8/24

1.01.015    Title – Citation – Reference. Revised 8/24

1.01.020    Continuing effect of prior codes. Revised 8/24

1.01.030    Title, chapter, and section headings. Revised 8/24

1.01.040    Effect on matters of record – Reference to ordinances. Revised 8/24

1.01.050    Effect on past actions and obligations. Revised 8/24

1.01.060    Codification of ordinances – Authority for service. Revised 8/24

1.01.070    Repeal of conflicting provisions. Revised 8/24

1.01.080    Ordinances passed prior to code adoption. Revised 8/24

1.01.090    References to ordinances in matters of record. Revised 8/24

1.01.100    Severability. Revised 8/24

1.01.110    Effective date. Revised 8/24

1.01.010 Code adopted. Revised 8/24

There is hereby adopted the recodified “Black Hawk County Code,” as revised, reformatted, indexed, edited, and republished by Code Publishing Company, Seattle, Washington. [Ord. 143, 2019.]

1.01.015 Title – Citation – Reference. Revised 8/24

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. 143, 2019.]

1.01.020 Continuing effect of prior codes. Revised 8/24

Except as otherwise provided by this code or by ordinance, the 2014 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 2014 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 2014 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. 143, 2019.]

1.01.030 Title, chapter, and section headings. Revised 8/24

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. 143, 2019.]

1.01.040 Effect on matters of record – Reference to ordinances. Revised 8/24

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 2014 code. Such reference shall be construed to apply to the corresponding provisions contained within this code. [Ord. 143, 2019.]

1.01.050 Effect on past actions and obligations. Revised 8/24

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. 143, 2019.]

1.01.060 Codification of ordinances – Authority for service. Revised 8/24

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. 143, 2019.]

1.01.070 Repeal of conflicting provisions. Revised 8/24

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. 143, 2019.]

1.01.080 Ordinances passed prior to code adoption. Revised 8/24

The last ordinance included in the original code is Ordinance No. 133, passed May 6, 2014. The following ordinances, passed subsequent to Ordinance No. 133, but prior to adoption of this code, are hereby adopted and made a part of this code as follows:

A. Ordinance No. 134: adopting the reformatted, indexed, and republished Black Hawk County Code of Ordinances.

B. Ordinance No. 136: adding BHCC Title 4, Assessments for Wind Energy Conversion Property.

C. Ordinance No. 137: adding Chapter 12.20 BHCC, Construction and Reconstruction of Roadways and Bridges, on the Black Hawk County secondary road system to BHCC Title 12, Streets, Sidewalks, and Public Places.

D. Ordinance No. 138: adding Chapter 8.25 BHCC, Private Wastewater Disposal Systems, to BHCC Title 8, Health and Safety.

E. Ordinance No. 139: adding Chapter 12.25 BHCC, Uniform Rural Address System, to BHCC Title 12 Streets, Sidewalks, and Public Places.

F. Ordinance No. 140: adopting Black Hawk County, Iowa Airport Land Use and Height Overlay Zoning Ordinance.

G. Ordinance No. 141: amending the Black Hawk County Engine Noise Reduction Ordinance. [Ord. 143, 2019.]

1.01.090 References to ordinances in matters of record. Revised 8/24

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. 143, 2019.]

1.01.100 Severability. Revised 8/24

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. 143, 2019.]

1.01.110 Effective date. Revised 8/24

This code shall take effect 30 days after the date that the ordinance adopting this code becomes effective. [Ord. 143, 2019.]

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Prior legislation: Ords. 31, 43, 90, 107 and 134.