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)
Whenever the Mayor, Zoning Administrator or other authorized municipal officer finds that a nuisance exists, such officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice. † 3
(Code of Iowa, Sec. 364.12[3h])
Notes
| 3 | † EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure. |
The notice to abate shall contain:
(Code of Iowa, Sec. 364.12[3h])
1. Description of Nuisance. A description of what constitutes the nuisance.
2. Location of Nuisance. The location of the nuisance.
3. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.
4. Reasonable Time. A reasonable time within which to complete the abatement.
5. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such person.
Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
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