50.01 Definitions | 50.07 Junk and Junk Vehicles |
50.02 Nuisances Enumerated | 50.08 Mowing of Properties |
50.03 Other Conditions | 50.09 Nuisances Prohibited |
50.04 Building Maintenance | 50.10 Nuisance Abatement |
50.05 Household Goods and Machinery | 50.11 Abatement of Nuisance by Written Notice |
50.06 Construction Equipment and Materials | 50.12 Municipal Infraction Abatement Procedure |
For use in this chapter, the following terms are defined:
1. “Junk” is defined in Section 51.01(1) of this Code of Ordinances.
2. “Junk vehicle” is defined in Section 51.01(2) of this Code of Ordinances.
3. “Motor vehicle” is defined in Chapter 321 of the Code of Iowa, including motorized bicycles, motorcycles, and all terrain vehicles.
4. “Nuisance” means whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property so as essentially to interfere unreasonably with the comfortable enjoyment of life or property is a nuisance.
(Code of Iowa, Sec. 657.1)
5. “Vehicle” is defined in Section 51.01(3).
The following subsections include, but do not limit, the conditions that are deemed to be nuisances in the City:
(Code of Iowa, Sec. 657.2)
1. Offensive Smells. Erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture that, by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public.
2. Filth or Noisome Substance. Causing or suffering any offal, filth, or noisome substance to be collected or to remain in any place to the prejudice of others.
3. Impeding Passage of Navigable River. Obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.
4. Water Pollution. Corrupting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others.
5. Blocking Public and Private Ways. Obstructing or encumbering, by fences, buildings or otherwise, the public roads, private ways, streets, alleys, commons, landing places, or burying grounds.
6. Houses of Ill Fame. Houses of ill fame, kept for the purpose of prostitution and lewdness; gambling houses; places resorted to by persons participating in criminal gang activity prohibited by Chapter 723A of the Code of Iowa or places resorted to by persons using controlled substances, as defined in Section 124.101 of the Code of Iowa, in violation of law, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.
7. Billboards. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, that so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof. (See also Section 62.04.)
8. Storing of Flammable Junk. Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction. (See also Chapter 51.)
9. Grasses, Weeds, and Brush. Dense growth of all weeds, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard. Grasses and weeds that are allowed to grow on any developed lot to a height greater than eight (8) inches, grasses and weeds that are allowed to grow on any undeveloped lot to a height greater than twelve (12) inches, and any growth of noxious weeds as defined in the Code of Iowa. This subsection does not apply to grasses grown as agricultural crops on undeveloped property or to grasses growing in an area declared by the Council to be a natural woodlands area.
10. Dutch Elm Disease. Trees infected with Dutch elm disease. (See also Chapter 151.)
11. Vermin Harborage. Conditions that are conducive to the harborage or breeding of vermin.
12. Dilapidated Buildings. Any building or structure that is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsafe or unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or any building or structure defined as a dangerous or unsafe building in Chapter 145 of this Code of Ordinances.
The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions that are deemed to be nuisances:
1. Junk and Junk Vehicles (See Chapter 51)
2. Dangerous Buildings (See Chapter 145)
3. Storage and Disposal of Solid Waste (See Chapter 105)
4. Trees (See Chapter 151)
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