(A) Nuisances prohibited. Public nuisances affecting peace, safety and general welfare are prohibited.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NUISANCE. 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.
(C) Nuisances enumerated. The following divisions include, but do not limit, the conditions which are deemed to be nuisances affecting public peace, safety and general welfare due to them being injurious to health, indecent or offensive to the senses or an obstacle to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property in the city:
(1) Obstructions of view. All trees, hedges, shrubs, ornamental grass, vegetation, signage or other obstructions, whether natural or man made, which prevent persons from having a clear view of all traffic approaching an intersection as defined in Iowa Code § 321.1, or any successor provision thereto, and all trees, hedges, shrubs, ornamental grass, vegetation, signage or other obstructions, whether natural or human-made which prevents persons using a private driveway or street from having a clear view of all traffic approaching on any public street, highway, alley or roadway;
(2) Old machinery, junk and the like. The piling, storage or keeping of old machinery, junk, furniture, household furnishings or appliances or component parts thereof or other debris within the city;
(3) Throwing, placing items on public rights-of-way. The placing or throwing on any street, alley, road, highway, sidewalk or other public property of any glass, tacks, nails, bottles or any substances which may injure any person or animal or damage any pneumatic tire when passing over the same;
(4) (a) Garbage, trash and the like. The depositing of, maintaining, permitting or failing to remove, garbage , trash, rubbish, bottles, cans or other refuse outside of a building on any property within the city, including large quantities of organic debris and materials, which accumulated by other than natural means, except neatly maintained compost piles. Outside of a building includes unenclosed decks and porches;
(b) Trash enclosure for multi-family and commercial buildings. When a multi-family dwelling (three or more units) or a commercial building property has been cited or has been abated by the city three or more times within a 12-month period for garbage and trash violations, the city may require the property owner to erect a permanent, screening, enclosure surrounding any exterior trash receptacles or trash gathering space, in addition to any other remedies or penalties enumerated in this chapter;
(c) Dumpsters. Roll-off dumpsters or other similar trash receptacles, normally used for the collection and disposal of debris from construction activities, shall not remain on any property for more than 30 consecutive days in and 60 consecutive day window. Dumpsters used at construction sites with an active city building permit may be granted an extension at the Code Enforcement Officer’s discretion.
(5) Lumber, occupational materials and the like. The outside storage of pipes lumber, forms, machinery or other occupational materials upon property in the front yard or side yard corner lot or visible from a public street in a residential district;
(6) Weeds, growths to be cut.
(a) All weeds, tall grass or ground vegetation growing on lots and parcels of ground within the city limits shall, automatically be deemed a health, safety and fire hazard upon reaching or exceeding the maximum ground vegetation height restriction as set forth below. This section does not apply to ornamental grass.
Maximum Vegetation Height | Land Use |
6 inches | Developed residential commercial and industrial zoned areas |
8 inches | Undeveloped residential areas |
12 inches | Undeveloped commercial and industrial zoned areas |
18 inches | Unplatted property and agriculture zoned property unless planted for farm cropping purposes |
(b) The property owner(s) or occupants(s) shall also be jointly or severally responsible for the cutting of such growths on the abutting space between the lot line and the curb line or edge of the traveled way within the street right-of-way whether in front of or along the side of the lot or parcel of ground, and one-half of any alley abutting the property.
(c) The City Administrator or the City Administrator’s designee shall notify the property owner(s)/occupant(s) when the weeds or growth are longer than the limits set out in this section. If the weeds or growth are not cut within four days, then the city shall have the option to issue a municipal infraction and/or have the weeds or growth cut and assess the cost to be collected with the property taxes. Nothing herein shall be construed as requiring the property owner(s) or occupant(s) to be jointly or severally responsible for the cutting of such growths on unimproved platted street right-of-way. Such unimproved platted street right-of-way shall be mowed by the city at its own expense pursuant to guidelines established by the Public Works Director. Furthermore, nothing shall be construed as otherwise alleviating property owner(s) or occupant(s) duty to otherwise maintain all property outside the lot and property lines and inside the curb lines upon the public streets.
(d) The property owner(s) or occupant(s) of tracts of land within the city may allow vegetation to extend beyond the maximum vegetation heights set out in this division (B)(6), so long as all of the conditions specified below are fulfilled.
1. The tract or portion thereof shall be designated by the City Administrator or designee as a natural area, considering the following factors: grade, incline, the difficulty to control or maintain said tract, the character of the surrounding area and whether said tract is being maintained as either a soil erosion control area or a conservation area. The owner or occupant of said tract shall apply in writing to the City Administrator or designee for such natural area designation;
2. A buffer 30 feet in width on all sides of such natural area adjacent to developed properties or public right-of-way shall be mowed to the height required in this division (B)(6); and
3. The tract shall contain no “noxious weeds”, as defined in Iowa Code § 317.1.
(e) Subsequent failure of any one or more of the foregoing conditions shall void the waiver issued hereunder and immediately subject the property and property owners to the remedies provided for the abatement of nuisances under this code of ordinances and the Code of Iowa.
(7) Property not seeded or sodded. Property in a residential district not fully seeded, sodded or otherwise planted with a ground cover more than 180 days after any disturbance in the front yard, rear yard or side yard of the property caused by construction, grading or other activity, excluding gardens; or at any time prior to the 180 days if the property has inadequate storm water pollution prevention measures as delineated by the Iowa Statewide Urban Designs Standards and Specifications or is causing erosion or drainage problems on the same or nearby properties, including public streets;
(8) Firewood piles. The accumulation of any piles of firewood which are not neatly stacked or secured in a stable manner to avoid collapse;
(9) Exterior of residential structures. Any structure or portion thereof, in a residential district whose exterior has weather barrier house wrap exposed on any surface for more than 90 days;
(10) Construction materials. Any construction materials, including piles of dirt, sand and sod, left in the open on property or street right-of-way more than 60 days after construction has been completed or a certificate of occupancy has been issued, whichever occurred first;
(11) Mail and newsprint receptacles. The placement of mail boxes and other newsprint receptacles on public right-of-way, except those which are in compliance with United States Postal Service requirements for location and type and on a common post;
(12) Non-removal of snow and ice.
(a) All property owners shall keep the sidewalks abutting upon their property free from snow, ice or other obstructions or accumulations. If such property owner fails to remove the same for a period of 24 hours after the same has been deposited thereon the City Administrator or the City Administrator’s designee who shall have charge of the care of the streets may cause the same to be removed. Thereupon, the cost of the removal shall be levied against the property as provided in § 94.24 of this chapter.
(b) All property owners shall clear a minimum four-foot portion of the Hike/Bike Trail abutting the front yard and/or side yard of their property free of snow, ice or other obstructions or accumulations. The cleared width of the trail shall be that portion of the trail furthest from the street. If such property owner fails to remove the same for a period of 24 hours after the same has been deposited thereon the City Administrator or the City Administrator’s designee who shall have charge of the care of the streets may cause the same to be removed. Thereupon, the cost of the removal shall be levied against the property as provided in § 94.24 of this chapter.
(c) The city shall clear a minimum four-foot portion of the Hike/Bike Trail abutting the rear yard of a property and the front, side and/or rear yard of undeveloped property free of snow, ice or other obstructions or accumulations where such trail is not located in a green space, park area or non-residential area. The cleared width of the trail shall be that portion of the trail furthest from the street.
(13) Dumping of snow.
(a) It shall be unlawful for any person to throw, push or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks or driveways onto or across the traveled way of streets so as to obstruct gutters, or impede the passage of vehicles upon the street or to create a hazardous condition therein. The owner of the property adjoining the street or alley that contains the thrown, pushed or placed snow or ice or the owner of a property which exhibits a direct path leading to a collection of snow and ice across a street or alley shall be prima facie liable for the violation.
(b) Exception: Snow from sidewalks in the central business district may be deposited in the street, adjacent to the curb, as long as it is done in a timely manner to be removed by the normal city snow removal operations.
(14) Snipe sign. In order to alleviate existing problems with signs which include among others, an over-abundance of signs causing clutter and visual pollution, a number of abandoned, deteriorated and or unsafe signs, and signs that distract, confuse, obscure, compete and conflict with motorist’s vision, it shall be unlawful for any person to post or fail to remove a snipe sign. A SNIPE SIGN is any sign or poster affixed in any manner to a tree, fence, utility pole, building or any similar object on public property, which is not otherwise permitted. The City Administrator, or designee, is authorized to remove any snipe sign and if no one comes forward to claim the sign within seven days of its removal, the City is authorized to dispose of the snipe sign;
(15) Offensive smells. The erecting, continuing or using of any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public;
(16) Filth or noisome substance. The causing of suffering any offal, filth or noisome substance to be collected or to remain in any place to the prejudice of others;
(17) Water pollution. The 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;
(18) Blocking public and private ways. The obstructing or encumbering by fences, buildings or otherwise the public roads, private ways, streets, alleys, commons, landing places or burying grounds;
(19) Billboards. Billboards, signboards and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view on 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;
(20) Abandoned appliances. Abandoning or otherwise leaving unattended any refrigerator, ice box or similar container, with doors that may become locked, outside of buildings and accessible to children, or allowing any such refrigerator, ice box or similar container to remain outside of buildings on premises in the person’s possession or control, abandoned or unattended and so accessible to children;
(21) Storing of inflammable junk. The depositing or storing of inflammable junk, such as old rags, rope, cordage, rubber, boxes and paper, by dealers in such articles, unless it be in a building of fire-proof construction;
(22) Air pollution. The emission of dense smoke, noxious fumes or fly ash;
(23) 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;
(24) Grass clippings in the street. Grass clippings shall not be deposited on public streets or public sidewalks. The owner of the property adjoining the public right-of-way that contains the clippings shall be prima facie liable for the violation; and
(25) Garage sales. A garage sale, yard sale, tag sale, estate sale and all other similar forms of residential sale of tangible property shall not occur on more than two consecutive weekends or for more than five days, consecutively or individually, within a calendar month on residentially-used property, regardless of zoning classification. Garage sale activity and advertising signage shall not extend onto or be placed upon the public right-of-way. Upon conclusion of the sale, all outdoor display of sale items shall be removed.
(26) 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 Iowa Code, Ch. 723A or places resorted to by persons using controlled substances, as defined in Iowa Code § 124.101, 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.
(27) Furniture. Household furniture, when manufactured for indoor use or purposes only, shall not be used or stored outside on decks, uncovered porches, patios, or other areas on the property unprotected from weather. Furniture on covered, partially enclosed porches is exempt from this item.
(28) Portable moving, shipping, and storage containers. Any portable moving, shipping, or storage container used on residentially-used property, regardless of zoning classification, shall not remain on said property for more than 30 consecutive days in a 60 consecutive day window commencing on the first day said container is present. Should the container remain on premise for more than 30 days, the use and placement of said container will be per applicable city codes on accessory buildings.
(2011 Code, § 13.0202) (Ord. 2209, passed 6-4-2013; Ord. 2246, passed 5-4-2015; Ord. 2261, passed 10-15-2015; Ord. 2266, passed 8-15-2016; Ord. 2284, passed 1-4-2017; Ord. 2348, passed 1-7-2019; Ord. 2370, passed 3-2-2020)