50.01 Definition of Nuisance | 50.09 Abatement in Emergency |
50.02 Nuisances Enumerated | 50.10 Abatement by City |
50.03 Other Conditions | 50.11 Collection of Costs |
50.04 Nuisances Prohibited | 50.12 Installment Payment of Cost of Abatement |
50.05 Nuisance Abatement | 50.13 Procedure for Abatement of Abandoned, |
50.06 Notice to Abate: Contents | Dilapidated or Unsafe Structures |
50.07 Method of Service | 50.14 Failure to Abate |
50.08 Request for Hearing | |
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.
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. Abandoned or Dilapidated or Unsafe Structures. Any dwelling, garage, out-building, storage shed or other structure in a state of disrepair to the extent that the building is structurally unsafe, or not provided with adequate egress, or which constitutes a fire hazard, or which constitutes an attractive nuisance for children, or a harborage for pernicious vermin, or is offensive to the senses, or is an “eyesore” and source of complaints, or which is otherwise dangerous to human life, or which in relation to existing use constitutes a hazard to the public health, safety and welfare, or which is abandoned, is hereby declared to be a public nuisance. Continuous vacancy, coupled with a failure to maintain substantially the structure for a period of twelve consecutive months, shall be conclusive evidence of abandonment. Structural failures in the roof, walls or foundation, broken windows or doors, wiring or plumbing that does not comply with the current building code; inside storage of flammable or combustible materials, rags, refuse, paper, scrap lumber or building materials, tires or other junk of no commercial value; the presence of brush, tall grass or weeds in close proximity to the structure may be considered as evidence that the structure is abandoned, dilapidated or unsafe, together with all other surrounding circumstances. Abatement of abandoned, dilapidated or unsafe structures by demolition and removal shall be accomplished by use of the procedures set forth in Section 50.13 of this chapter, or by an appropriate nuisance action in the Iowa District Court in and for Story County, Iowa.
The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions which are deemed to be nuisances:
1. Dangerous Buildings (See Chapter 145)
2. Storage and Disposal of Solid Waste (See Chapter 105)
3. Trees (See Chapter 151)
4. Construction and Repair of Buildings (See Chapter 155)
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