Any nuisance, public or private, may be abated in the manner provided for in this section.
(Iowa Code, § 364.12(3)(h)).
(A) Nuisance abatement.
(1) Whenever an authorized municipal officer finds that a nuisance exists, the officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice.
(2) With regard to the nuisance involving real property, property owners will be notified after the first determination that conditions exist posing a nuisance and that a second determination of this kind will immediately constitute the failure to abate a nuisance as outlined in this section, which subjects the property owner to all applicable fines.
(B) Notice to abate. The notice to abate shall contain:
(1) Description of nuisance. A description of what constitutes the nuisance or other condition;
(2) Location of nuisance. The location of the nuisance or condition;
(3) Acts necessary to abate. A statement of the act or acts necessary to abate the nuisance or condition;
(4) Reasonable time. A reasonable time within which to complete the abatement; and
(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 the property owner.
(C) Method of service. The notice may be in the form of an ordinance, a written notice hand- delivered or posted on-site in a conspicuous location, or a written notice or letter or sent by USPS first class or certified mail to the property owner.
(D) Request for hearing. Any person ordered to abate a nuisance may have a hearing with the City Administrator 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 City Administrator at a time and place fixed by the City Administrator. The findings of the City Administrator shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
(E) Abatement in emergency. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the city may perform any action which may be required under this chapter without prior notice under the direction of the Building Official, Police Chief, Fire Chief, or City Administrator. The city shall assess the costs as provided in this section after notice to the property owner and hearing under the applicable provisions of this section.
(F) Abatement by city. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the city may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk, who shall pay such expenses on behalf of the city.
(G) Collection of costs. The Clerk shall send a statement of the total expense incurred, by certified mail, to the property owner who has failed to abide by the notice to abate; and, if the amount shown by the statement has not been paid within 30 days after the statement was sent, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner as, general property taxes.
(H) Installment payment of cost of abatement. If the amount expended to abate the nuisance or condition exceeds $1,000, the city may permit the assessment to be paid in up to ten annual installments, to be paid in the same manner and with the same interest as benefitted property.
(I) Interference with enforcement. Any person who shall interfere in any way with the enforcement provisions of this chapter may be charged with a municipal infraction pursuant to the city’s code of ordinances.
(J) Failure to abate. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this code of ordinances and may be charged with a municipal infraction pursuant to the city’s code of ordinances.
(2011 Code, § 13.0227) (Ord. 2209, passed 6-4-2013; Ord. 2266, passed 8-15-2016; Ord. 2370, passed 3-2-2020)