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It is hereby declared that storage within the corporate limits of any junk or a junk vehicle upon private property owned or controlled by the owner of the junk or junk vehicle, unless excepted by Section 51.04 of this Code of Ordinances, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is stored upon private property in violation hereof, the owner or person in control of the property upon which it is stored shall be prima facie liable for said violation.
(Code of Iowa, Sec. 364.12[3a])
1. Definitions. Unless otherwise expressly stated, the following terms shall have the meaning given in this subsection:
A. CURB, CURB LINE, or CURBING means the outer boundaries of a street at the edge of that portion of the street usually traveled by vehicular traffic.
B. CUT or MOW means to mechanically maintain the growth of grass, weeds, or brush at a uniform height.
C. PROPERTY OWNER: The record titleholder or the contract purchaser of record, if any.
D. PARKING means that part of a street in the City not covered by a sidewalk and lying between the lot line or property line and the curb line; or on unpaved streets, that part of the street lying between the lot line or property line and that portion of the street usually traveled by vehicular traffic.
2. Uniform Height Specifications.
A. Any property within the City of Carroll, whether vacated or non-vacated, is required to be mowed any time the grass, weeds and brush reaches a height where it can become a habitat for vermin, or a health, safety or fire hazard. Ornamental grasses are excluded. Specifically, grass, weeds or brush, except trees, shall be cut, mowed and maintained to conform to the following height specification:
(1) Developed Residential Areas: not to exceed eight inches (8")
(2) Undeveloped Residential Areas: not to exceed twelve inches (12")
(3) Business and Industrial Areas: not to exceed eight inches (8")
(4) Agricultural Areas: not to exceed sixteen inches (16")
3. Obligation of Property Owner.
A. The property owner shall cut, mow and maintain all grass, weeds, and brush upon the property owner's property and adjacent to the curb line or outer boundary of any street, which includes the parking area abutting the owner's property, to a uniform height as defined in section 2.
B. City building officials or chief of police or their designated representative may give the property owner in violation of this ordinance a notice entitled "Official Notice - Failure to Maintain Grass, Weeds, and Brush" setting forth the location/address of the violation and to whom the notice is directed with the explanation of the violations. This notice shall be personally served upon the owner of the residence by the city building officials or the police department. If personal service is not possible, written notice of such violation shall be affixed to the front door of the premises. If the owner is leasing or renting the premise, the tenant shall be personally served or notice affixed to the front door and the property owner shall also be personally served with the notice. The owner of the property shall have seventy-two (72) hours from time of service or posting of this notice in which to take action and bring the property into compliance with this code. The existence of extraordinary weather conditions as determined by the building officials or police chief shall extend the seventy-two (72) hours until such extraordinary weather conditions have dissipated. If after notice, the property owner has not brought the property into compliance according to section 2 of this ordinance, the police chief or their designated representative is authorized to issue a civil citation pursuant to section 364.22 of the Code of Iowa.
C. A second subsequent violation of this section shall not be considered a repeat offense pursuant to section 364.22, Code of Iowa, for the purposes of increasing the civil penalty, unless the prior or preceding offenses have occurred within the current mowing season.
4. Mowing By the City of Carroll. Whenever a violation has remained unabated pursuant to section 3, and the time for the property owner to take action after service of the notice has expired, the city may take action to remedy the violation either by use of city personnel and equipment or by contracting the work to be undertaken.
5. Right to Assess. When the City completes or causes to complete the compliance action of the property, the city may assess the property owner the actual cost plus any administrative costs of the compliance action of the violation, in addition to taking any other action provided for in this section.
6. Assessment of Costs. The actual cost including an administrative cost of seventy-five dollars ($75) per occurrence, shall be paid by the property owner. The property owner shall be sent an itemized bill by the city for said costs to permit the voluntary payment thereof by the property owner. The bill shall be sent within thirty (30) days of the city's actions as set forth in subsection 5 of this section. Failure to pay said bill within thirty (30) days after mailing of bill will cause the action to appear on a schedule of assessment to be forwarded to the City Clerk.
7. Schedule of Assessments. Whenever action by the city to remedy the violation as provided in this section, and the right to assess provided for in subsection 6 is invoked, the city shall cause to be prepared a schedule giving the name of the owner, so far as known, a description of the property, the date when the work was done, and the amount charged to each lot, and for what work and materials the charge was made. As soon thereafter as practicable the schedule shall be filed with the City Clerk.
8. Certification For Collection. Upon receipt of the schedule of assessments and certification by the City Clerk, the City Clerk shall file said assessments with the County Treasurer for collection in the manner provided by law.
(Ord. 2407 - Aug. 24 Supp.)
Whenever any authorized municipal officer finds that a nuisance exists, such officer has the authority to determine on a case-by-case basis whether to utilize the nuisance abatement procedure described in Section 50.10 of this chapter or the municipal infraction procedure referred to in Section 50.11.
(Code of Iowa, Sec. 364.12[3h])
Any nuisance, public or private, may be abated in the manner provided for in this section:
(Code of Iowa, Sec. 364.12[3h])
1. Contents of Notice to Property Owner. The notice to abate shall contain: † 2
A. Description of Nuisance. A description of what constitutes the nuisance.
B. Location of Nuisance. The location of the nuisance.
C. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.
D. Reasonable Time. A reasonable time within which to complete the abatement.
E. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against the property owner.
2. Method of Service. The notice may be in the form of an ordinance or sent by certified mail to the property owner.
(Code of Iowa, Sec. 364.12[3h])
3. Request for Hearing. Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
4. Abatement in Emergency. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action that may be required under this chapter without prior notice. The City shall assess the costs as provided in subsection 6 of this section after notice to the property owner under the applicable provisions of subsection 1 and 2, and the hearing as provided in subsection 3.
(Code of Iowa, Sec. 364.12[3h])
5. Abatement by City. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk, who shall pay such expenses on behalf of the City.
(Code of Iowa, Sec. 364.12[3h])
6. Collection of Costs. The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner as, general property taxes.
(Code of Iowa, Sec. 364.12[3h])
7. Installment Payment of Cost of Abatement. If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City may permit the assessment to be paid in up to ten (10) annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law.
(Code of Iowa, Sec. 364.13)
8. Failure to Abate. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinances.
Notes
| 2 | † EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the Appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure. |