CHAPTER 50
NUISANCE ABATEMENT PROCEDURE
 
50.01 Definition of Nuisance
50.05 Nuisance Abatement
50.02 Nuisances Enumerated
50.06 Abatement of Nuisance by Written Notice
50.03 Other Conditions
50.07 Municipal Infraction Abatement Procedure
50.04 Nuisances Prohibited
 
 
50.01 DEFINITION OF 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 is a nuisance.
(Code of Iowa, Sec. 657.1)
50.02 NUISANCES ENUMERATED.
   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.   Impeding Passage of Navigable River. Obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.
   4.   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.
   5.   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.
   6.   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 62.05) 
   7.   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) 
   8.   Air Pollution. Emission of dense smoke, noxious fumes, or fly ash.
   9.   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.
   10.   Dutch Elm Disease. Trees infected with Dutch elm disease. (See also Chapter 151)
   11.   Airport Air Space. Any object or structure hereafter erected within one thousand (1,000) feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation including take-off and landing, unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located.
   12.   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.
   13.   Blocking Public Easements. Obstructing or encumbering by fences, buildings, plantings, or otherwise, any utility easement, sewer easement, drainage easement, access easement, or walkway easement, where such easement is dedicated for public use, and where such obstruction or encumbrance interferes with the City's rights in the easement.
(Ord. 2020-11 - Sep. 20 Supp.)
50.03 OTHER CONDITIONS.
   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.   Storage and Disposal of Solid Waste (See Chapter 105)
   3.   Trees (See Chapter 150)
50.04 NUISANCES PROHIBITED.
   The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State law.
(Code of Iowa, Sec. 657.3)
50.05 NUISANCE ABATEMENT.
   Whenever any authorized municipal officer finds that a nuisance exists, such officer has the authority to determine on a case-by-case basis whether to utilize the nuisance abatement procedure described in Section 50.06 of this chapter or the municipal infraction procedure referred to in Section 50.07. 
(Code of Iowa, Sec. 364.12[3h])
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