50.01 Definition of Nuisance | 50.08 Request for Hearing |
50.02 Nuisances Enumerated | 50.09 Abatement in Emergency |
50.03 Other Conditions | 50.10 Abatement by City |
50.04 Nuisances Prohibited | 50.11 Collection of Costs |
50.05 Nuisance Abatement | 50.12 Installment Payment of Cost of Abatement |
50.06 Notice to Abate: Contents | 50.13 Failure to Abate |
50.07 Method of Service |
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)
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.
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.
4.
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.
5.
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 62.08)
6.
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)
7.
Air Pollution. Emission of dense smoke, noxious fumes or fly ash.
8.
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 54)
9.
Dutch Elm Disease. Trees infected with Dutch Elm Disease. (See also Chapter 151)
10.
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.
11.
Diseased Animals. All diseased animals, domestic or wild, running at large.
12.
Stagnant Ponds. All ponds or pools of stagnant water.
13.
Contaminants. The storage, collection, discharge or depositing of any liquid waste, offal, filth, garbage or refuse, dead animals or contaminated material in any private or public place so as to threaten the health, safety or which is offensive to the senses of any individual or the public, or to be conducive to breeding and harborage of flies, rats or other vermin.
14.
Snow and Ice. All snow and ice not removed from public sidewalks forty-eight (48) hours after the snow and ice has ceased being deposited thereon.
15.
Traffic Obstructions. All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets or alleys in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached.
16.
Tree Limbs. All limbs of trees which are less that nine (9) feet above the surface of any public sidewalk or eighteen (18) feet above the surface of any street.
17.
Wires. All wires which are strung less than fifteen (15) feet above the surface of the ground.
18.
Dangerous Buildings and Structures. All buildings, walls and other structures which have been damaged by fire, decay or otherwise, to an extent exceeding one-half their original value and all abandoned or unoccupied structures deemed hazardous and which are so situated as to endanger the safety of the public or constitute attractive nuisances to minors.
19.
Explosives. All explosive, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance.
20.
Fireworks. All use or display of fireworks except as provided by ordinance.
21.
Garbage and Refuse. The deposit or storage of any garbage or any refuse containers, brush, rubbish, grass, rocks, building materials, incinerators or any other debris or material on the parking or area between sidewalk and the curb on any street.
22.
Animal Carcasses. The carcasses of animals remaining exposed or unburied six (6) hours after death, and green salted hides left or deposited in any open or public places.
The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions which are deemed to be nuisances:
1.
Junk and Junk Vehicles (See Chapter 51)
2.
Dangerous Buildings (See Chapter 145)
3.
Drug Paraphernalia (See Chapter 52)
4.
Storage and Disposal of Solid Waste (See Chapter 105)
5.
Trees (See Chapter 151)
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