The following subsections include, but do not limit, the conditions which 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, which, 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. Billboards. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, which 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 62.06.)
7. 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.)
8. Air Pollution. Emission of dense smoke, noxious fumes, or fly ash.
9. Weeds, Brush. Dense growth of all weeds, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard. (See also Chapter 52.)
10. Dutch Elm Disease. Trees infected with Dutch elm disease. (See also Chapter 151.)
11. Airport Air Space. Any object or structure hereafter erected within 1,000 feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation, including take-off and landing, unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located.
12. 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.
13. Defective or Unsightly Property. Real property maintained in such condition as it becomes so defective, unsightly, or in such condition of deterioration or disrepair that the same causes substantial depreciation of the property values of the surrounding properties or is materially detrimental to properties and improvements.
14. Hazardous Conditions. Any area located outside of any building or structure on private property, whose sidewalks, walkways, stairs, driveways, parking lots, parking spaces. or similar areas are not kept in a proper state of repair, or are not maintained free from hazardous conditions. Hazardous conditions include, but are not limited to, poor lighting in parking lots, missing or severely cracked pavement, pot holes, and unnecessary obstacles.
15. Excavations. Creating, maintaining, causing, or allowing to exist for a continuous period of more than 30 days or without a valid permit any manmade excavation, hole, or other depression in the ground in or on any lot or parcel of land in the City of a depth of more than three feet below the surrounding grade, other than as part of the active construction of a building or other structure on the lot which will ultimately close in and completely cover such excavation, hole, or depression.
16. Barricades around Excavations. Creating, maintaining, causing, or allowing to exist a manmade excavation that is not protected with adequate barricades, fencing, and warning lights meeting standards specified by the City from the time the excavation work is started until it is completed to the satisfaction of the City inspector.
17. Structural Defects. Any structures, whether commercial or residential, including detached accessory structures on any commercial, residential, agricultural, or industrial property, which is not free of significant structural defects. The phrase “free of significant structural defects” means:
A. The roof and roofing material are of such a nature and condition that they do not permit water, snow, or ice to penetrate into the structure. Roofing materials shall be in good condition and made up of consistent materials and consistent coloration throughout the roof area.
B. Drainage gutters and downspouts are securely attached to the structure and in proper functioning order.
C. All exterior exposed surfaces, including siding materials, must be sound, in good condition, and securely attached to the structure.
D. Exterior walls must be free of holes and made of a consistent material, such that patches or repairs consisting of dissimilar materials or colors compared to the prevailing surface material of the exterior walls are not present.
E. The foundation of the structure is sound, capable of supporting the structure and not deteriorated to the point that failure is judged to be inevitable, but not necessarily imminent. The foundation shall be plumb and free from cracks, breaks, and holes so as to prevent the entry of animals.
F. Windows and doors, including outer screen or storm windows and doors, must be intact, containing no holes, squarely hung with properly operating latches or locks so as to be securely closed, and where the windows have intact glass or normal window material that allows the entry of light with no holes in said window surface areas.
G. All points of egress/ingress into and out of the structure must be of a secure and safe design and made of standard building materials and must also provide clear and easy access via properly installed steps, porches, entryway landings, and hand rails that are intact, with no protruding or loose boards or surface materials causing a hazard, and which provide ready access to all points of entry into the structure.
H. Exterior wall surfaces are properly painted and/or maintained with appropriate exterior wall materials, including wood, vinyl, steel, or metal siding materials, stucco or exterior insulation finish system materials, brick or similar masonry materials that are in all cases intact, not in a condition of deterioration, are of uniform coloration and are not patched with dissimilar materials; plastic wrap material shall not be considered to be an acceptable siding material. No flaking or chipped paint or outer loose material dominates or detracts from the exterior appearance of the structure.
I. All fencing, including gates, shall be maintained in good condition, free from damage, breaks, holes, or missing structural members. All fencing shall be of consistent materials and coloration.
J. Detached accessory structures, including garages and storage sheds, must conform to the standards outlined above. In addition, all doors and windows must be of functional design and materials and in proper working order. No plastic wrap material or tarps shall be used to substitute for doorways or windows.
K. All exterior wires which are hanging or unsecured on the exterior of the structure must be fastened to the structure in order to avoid life safety issues.
L. Materials and practices used in the reconstruction or repair of any building structure, whether of roofing materials, siding materials, foundation, walls, windows, doorways, entryways, or detached accessory structures shall be of standard quality and appearance, consistent with currently applicable International Building Code requirements and consistent with the appearance and character of the structure under repair and consistent with other properties in the immediate vicinity of the premises.
M. All vacant structures shall comply with the above-cited maintenance provisions with the exception that windows and doors may be secured with boards or other materials intended to provide security and protection to the structure. All vandalized portions of the structure must be promptly repaired, including repainting areas that are defaced with paint or graffiti.
18. Portable Shelters. Any freestanding or attached portable shelter on residential property consisting of a fabric covering stretched over poles.
19. Other Hazardous Conditions. Any hazardous thing or condition on property which may contribute to injury of any person present on the property, including but not limited to open holes, open foundations, open wells, or dangerous trees or limbs.
20. Tents and Recreational Vehicles. Residing in, or living in, or using for night-time living accommodation purposes, such as sleeping activities, a tent, camper, motor home, travel trailer, recreational vehicle, or any other vehicle on any private property in the City for a period of more than seven days.
21. Lawn Mowers and Other Equipment. Storage of lawn mowers and snow blowers outdoors is deemed to be a nuisance subject to the following exceptions:
A. A maximum of two lawn mowers on property zoned for residential use shall not be deemed a nuisance.
B. A maximum of two snow blowers on property zoned for residential use shall not be deemed a nuisance.
22. Storage of Vehicles. Storage of vehicles (as defined in Chapter 51) outdoors, including trailers, wagons, and other nonmotorized vehicles is deemed to be a nuisance subject to the following exceptions:
A. Vehicles on property zoned for residential use that are: (i) parked on a hard surface of asphalt, concrete, or at least three inches of gravel; and (ii) moved or used as an operating vehicle at least every 15 days shall not be deemed a nuisance.
B. Vehicles on property zoned for commercial use that are: (i) parked on a hard surface of asphalt, concrete, or at least three inches of gravel; and (ii) moved or used as an operating vehicle at least every 60 days shall not be deemed a nuisance.
C. Vehicles kept in commercial automobile salvage yards lawfully operated within the City shall not be deemed a nuisance.
D. One motorized boat on its trailer, which is currently licensed for operation on the public highways, parked on a hard surface of asphalt, concrete, or at least three inches of gravel shall not be deemed a nuisance.
E. One motor home, pickup truck with camper top or similar recreational vehicle or fifth-wheel per residential property, which is currently licensed for operation on the public highways, parked on a hard surface of asphalt, concrete, or at least three inches of gravel shall not be deemed a nuisance.
F. Up to two utility trailers parked on a hard surface of asphalt, concrete, or at least three inches of gravel shall not be deemed a nuisance. “Utility trailer” means a vehicle, without motive power, designed and used to carry motor vehicles, goods, or materials. The utility trailer may not exceed eight feet in width nor 3,500 pounds in weight, and it must be licensed and registered for highway use.
G. A vehicle currently licensed for operation on the public highways and lawfully parked off the streets while the owner or other person in lawful possession and control thereof, if a resident of this City, is out of the City for more than 15 days but not more than 180 days shall not be deemed a nuisance.
H. Whenever a vehicle is required by this chapter to be parked on asphalt, concrete, or gravel, such asphalt, concrete, or gravel shall not contain shrubbery, weeds, or grass.
I. A wagon or other nonmotorized vehicle that is displayed as a decorative, tasteful lawn ornament shall not be deemed a nuisance.
(Code of Iowa, Sec. 657.2)