As used in this chapter, the following definitions shall apply:
ABANDONED/VACANT BUILDING: Any building or portion of a building which is: a) unoccupied and unsecured; or b) unoccupied and secured by means other than those used in the design of the building; or c) declared a dangerous building under the uniform code for the abatement of dangerous buildings; or d) unoccupied and unfit for occupancy as determined by a government agency; or e) unoccupied and has housing and building code violations; or f) unoccupied for a continuous period of time over one hundred eighty (180) calendar days.
COMPOST PILE: A collection of yard waste, such as grass, leaves, trees, brush and garden residue, and also including raw and uncooked kitchen food wastes but specifically excluding bones, meat, fat, grease, oil, raw manure and milk products, which collection is screened from the street view, is located in a confined area, is no larger than twenty five (25) square feet in area, is located more than twenty feet (20') from a habitable structure and at least five feet (5') from a property boundary line, is located more than five feet (5') from any wood structure, excluding fences, is not located in a natural drainageway and is not located in the area between any building and the street right of way and is collected for reuse as a soil amendment.
DANGEROUS BUILDING OR STRUCTURE: Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered.
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half (1/2) of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.
G. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, because of: 1) dilapidation, deterioration or decay; 2) faulty construction; 3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4) the deterioration, decay or inadequacy of its foundation; or 5) any other cause, is likely to partially or completely collapse.
I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
J. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base.
K. Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: 1) an attractive nuisance to children; 2) a harbor for vagrants, criminals or immoral persons; or as to 3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.
M. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulation, as specified in the building code or housing code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty six percent (66%) of the: 1) strength, 2) fire resisting qualities or characteristics, or 3) weather resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
P. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.
Q. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
R. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
ENFORCEMENT OFFICER: The city manager or designee.
HAZARDOUS WASTE: Those wastes included by definition in chapter 455B, code of Iowa, as amended, and the rules of the Iowa administrative code, as amended.
INOPERABLE/OBSOLETE VEHICLE 1 : Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, but not be limited to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, and not licensed for the current year as required by law and/or which exhibits any one of the following characteristics:
A. Any vehicle or part of a vehicle with a broken windshield or any other broken glass.
B. Any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, wheel, steering wheel, trunk top or tailpipe.
C. Any vehicle lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable.
D. Any vehicle or part of a vehicle which is a habitat for rats, mice or snakes or any other vermin or insects.
E. Any vehicle or part of a vehicle which, because of its defective or obsolete condition, constitutes a threat to the public health and safety.
F. Any vehicle that is not capable of moving in both forward and reverse gears.
JUNK OR SALVAGE MATERIAL: Any discarded or salvaged building material or fixture; any obsolete or inoperable machinery and/or equipment or parts thereof; scrap iron or steel.
NOXIOUS SUBSTANCES: Substances, solid or fluid, which are offensive, detrimental to health, hurtful or dangerous. "Noxious substances" shall include, but not be limited to, any dead animal or portion thereof, together with human or animal excrement.
OWNER: The person or persons who are the record owners of real property, together with any person having a property interest in the property, including legal or equitable interests.
PROPERTY: Includes both real property, such as land or buildings, as well as personal property, such as vehicles and appliances.
REFUSE: Any waste that is putrescible, nonputrescible, combustible or noncombustible, including, but not limited to, paper, garbage, material resulting from the handling, processing, storage, preparation, serving and consumption of food, vegetable or animal matter, offal, rubbish, yard waste such as tree trimmings or grass cuttings, ashes, incinerator residue, street cleanings, construction debris and solid industrial waste.
RESPONSIBLE PARTY: Any person having possession or control of real or personal property, including, but not limited to, any one or more of the following:
A. Agent.
B. Assignee or collector of rents.
C. Contract seller or contract purchaser.
D. Holder of a deed.
E. Mortgagee or vendee in possession.
F. Receiver, executor, administrator or trustee.
G. Lessee and lessor.
H. Other person, firm, partnership, corporation or entity exercising apparent control over a property.
UNOCCUPIED: A building in which there is a lack of physical presence on a regular basis for the purpose for which it was erected or a building unfit for occupancy due to failure to meet minimum standards set out by city ordinance for the issuance of a certificate of occupancy.
VEHICLE: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, but not be limited to, motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, whether or not licensed for the current year. (1978 Code §24-102; amd. 1994 Code; Ord. 00-3954, 12-19-2000; Ord. 01-3963, 4-3-2001; Ord. 15-4631, 7-15-2015)
Notes
| 1 | 1. See section 9-9-1 of this code for towing and impoundment of abandoned vehicles. |