TITLE 6
PUBLIC HEALTH AND SAFETY
PUBLIC HEALTH AND SAFETY
CHAPTER 1
NUISANCES
NUISANCES
SECTION:
6-1-1: Definitions
6-1-2: Public Nuisance Defined; Public Nuisances Enumerated
6-1-3: Public Nuisances Prohibited; Authority To Abate
6-1-4: Abatement Remedies; Penalties
6-1-5: Vacant Building Registration And Inspections
6-1-6: Emergency Abatement Procedure
6-1-7: Violation
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. |
Whatever is injurious to the senses or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property by the public or community shall be deemed a "public nuisance". Public nuisances shall include, but not be limited to, the following:
1. Causing, permitting or allowing any refuse, solid waste, garbage, noxious substances, hazardous wastes, junk or salvage materials to be collected or to remain in any place.
2. Causing, permitting or allowing any refuse, solid waste, garbage, noxious substances or hazardous wastes, junk, salvage material or other offensive substances to be thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, lot, whether vacant or occupied, or upon any pond or pool of water, except for:
a. Solid waste deposited and stored in accordance with provisions of title 16, chapter 3, article H of this code.
b. Any compost pile located or maintained in compliance with this chapter so as to allow its proper aeration.
c. Junk or salvage materials properly stored in a junk or salvage yard permitted under title 14, "Zoning Code", of this code 2 .
B. Diseased Or Damaged Trees Or Plant Materials 3 : Any dead, diseased or damaged trees or plant materials which may harbor serious insect or disease pests or disease injurious to other trees or plant materials, or any healthy tree in such a state of deterioration that any part of such tree is likely to fall and damage property or cause injury to persons.
C. Weeds: Any condition relating to weeds described as a nuisance in chapter 3 of this title.
1. Any ditch, drain or watercourse which is now or hereafter may be constructed so as to prevent or unduly interfere with the surface and overflow water drainage from adjacent lands.
2. Any stormwater detention basin not properly maintained as determined by the city engineer.
E. Stagnant Water: Stagnant water standing on any property, including any container or material kept in such a condition that water can accumulate and stagnate.
F. Vermin And Pests:
1. Conditions which are conducive to the harborage or breeding of vermin.
2. Infestations of vermin, such as rats, mice, skunks, snakes, bats, starlings, pigeons, bees, wasps, cockroaches or flies.
1. Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools and drainfields, which have failed or do not function properly or which are overflowing, leaking or emanating odors.
2. Septic tanks, cisterns and cesspools which are abandoned or no longer in use unless properly emptied and filled with clean fill.
3. Any vault, cesspool or septic tank which does not comply with the county department of health regulations. (1978 Code §24-101; amd. 1994 Code)
H. Abandoned, Vacant Or Dangerous Buildings:
1. Vacant buildings, or vacant portions of buildings.
2. Abandoned buildings.
3. Dangerous buildings or structures. (Ord. 00-3954, 12-19-2000)
I. Hazardous Conditions:
1. Generally: Any hazardous thing or condition on property which may contribute to injury of any person present on the property. Hazards shall include, but not be limited to, open holes, open foundations, open wells, dangerous trees or limbs, abandoned refrigerators and trapping devices.
2. Fire Hazards: Any thing or condition on property creating a fire hazard, as determined by the fire marshal, or in violation of the fire code.
3. Health Hazards: Any thing or condition on property creating an imminent threat to human health or in violation of any health or sanitation law.
J. Noisy Conditions: Any violation of chapter 4 of this title.
L. Junkyard Or Salvage Operations: All junkyard or salvage operations, as defined in title 14 of this code, except as permitted by ordinance 7 .
M. Obstructing Public Ways And Property:
1. The obstructing or encumbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks and commons, except as permitted by agreement, easement, permit or ordinance.
2. Any gathering of persons or vehicles upon a public street or sidewalk or any use of property abutting a public street or sidewalk which obstructs pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by permit or ordinance 8 .
N. Depositing Mud, Dirt And Debris On Public Ways: The depositing or allowing the depositing of any mud, dirt, gravel or other debris in violation of title 16, chapter 1 of this code.
O. Inoperable/Obsolete Vehicle: The storage, parking, leaving or permitting the storage, parking or leaving of an inoperable/obsolete vehicle upon private property within the city for a period in excess of forty eight (48) hours unless excepted herein. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a junkyard or auto and truck oriented use operated in accordance with the zoning laws of this code.
P. Unlawful Sale Or Manufacture Of Liquors 9 : Any building or place in or upon which intoxicating liquors are unlawfully manufactured, sold or kept with intent to sell in such a manner as to become offensive. (1978 Code §24-101; amd. 1994 Code)
Q. Building Construction Sites: Building construction sites maintained in violation of the building code. (1978 Code §24-101; amd. 1994 Code; Ord. 03-4098, 9-23-2003)
R. Graffiti Vandalism: All real property defaced by graffiti vandalism which is visible to the public view. (Ord. 97-3801, 7-29-1997; amd. Ord. 03-4098, 9-23-2003)
S. Consumption On Unlicensed Premises: Any building, place or premises where food, beverages or entertainment is sold or provided for compensation, or where persons are charged to enter, upon which alcoholic beverages are consumed between two o'clock (2:00) A.M. and six o'clock (6:00) A.M. Monday through Saturday, and between two o'clock (2:00) A.M. and eight o'clock (8:00) A.M. on Sunday, when said building, place or premises has not been issued a liquor control license or wine or beer permit. (Ord. 08-4304, 4-29-2008)
Notes
| 1 | 1. See title 16, chapter 3, article H of this code. |
| 2 | 2. See also subsection L of this section. |
| 3 | 3. See title 10, chapter 8 of this code. |
| 4 | 1. See also title 16, chapter 3, article G of this code. |
| 5 | 2. See also section 16-3D-3 of this code. |
| 6 | |
| 7 | 2. See also subsection A2c of this section. |
| 8 | 3. See title 10, chapters 1, 2 and 3 of this code. |
| 9 | 1. See title 4, chapter 5 of this code. |
A. The creation or maintenance of a public nuisance is unlawful and prohibited, subject to penalties set forth in subsection 1-4-2D of this code. (Ord. 02-4044, 10-8-2002)
B. The city manager or designee is authorized to abate public nuisances by either the municipal infraction process or administratively. Administrative procedures shall be established by the city manager or designee and shall be available for public inspection in the department of housing and inspection services or its successor. (1978 Code §24-103; amd. 1994 Code)
A. Abatement may include, but shall not be limited to, repair, removal, cleaning, extermination, cutting, mowing, grading, sewer repairs, draining, securing, repairing a building or structure, boarding unoccupied buildings, barricading or fencing, removing dangerous portions of buildings or structures and demolition of dangerous structures or abandoned buildings.
B. The cost of abatement may be assessed against the property for collection in the same manner as property taxes as provided by state law. Abatement costs shall include the cost of removing or eliminating the public nuisance, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and other related administrative costs. Inoperable/obsolete vehicles which have been impounded may be sold in accordance with state law governing abandoned vehicles. If an inoperable/obsolete vehicle is not sold or if the proceeds of such sale or redemption are not sufficient for payment of the cost of abatement, storage and sale of said inoperable/obsolete vehicle, such cost or the balance of such cost may be assessed against the real property from which the vehicle was removed or abated for collection in the same manner as a property tax, as provided by state law.
C. Abatement remedies and penalties are as provided in chapter 364, code of Iowa, as amended. (1978 Code §24-107; amd. 1994 Code)
A. Vacant Building Registration:
1. The owner shall register a vacant or abandoned building with the city not later than thirty (30) calendar days after any building in the city becomes an "abandoned/vacant building" as defined in this chapter. Failure to register an abandoned/vacant building or providing false information to the city shall be a violation of this chapter and punishable as a simple misdemeanor or municipal infraction as provided for in title 1, chapter 4 of this code.
2. The registration shall include the following information:
a. A description of the premises;
b. The names and addresses of the owner or owners;
c. The names and addresses of all known lien holders and all other parties with an ownership interest in the building;
d. The name of the agent designated to act on the behalf of an out of town property owner to accept legal processes and notices, and to authorize repairs as required; and
e. The period of time the building is expected to remain vacant and/or a plan and timetable to comply with applicable city codes.
B. Vacant Building Registration Fees: The owner of a vacant building shall pay an annual fee reasonably related to the administrative cost of registering and processing the vacant building owner registration form and the costs of the city in monitoring and inspecting the vacant building site. This fee shall be established by resolution of the city council and shall be paid in full prior to the issuance of any permits or acceptance of the registration form for the subject property.
C. Inspections: The owner shall allow inspections upon request and allow annual inspections of the interior and exterior of the premises for the purpose of enforcing and assuring compliance with the provisions of this chapter and housing and building codes. (Ord. 00-3954, 12-19-2000)
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