Whatever is injurious to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance. Nuisances shall include, but not be limited to, those activities and items hereafter set forth in this section:
A. Weeds: Weeds or vegetation allowed to grow to a height greater than ten inches (10"), or any accumulation of dead weeds, grass, brush, or trees on any occupied or unoccupied lot or land. Exceptions include:
1. Trees And Shrubs: The use of trees and shrubs for landscaping purposes;
2. Erosion Control: Areas planted to offset and control any soil loss problems, both occurring or predicted, including areas along waterways and edges of lakes, ponds, and stormwater retention/detention facilities;
3. Wooded Areas: All areas that are predominately wooded and over one acre in size;
4. Educational Programs: Any areas designated for educational studies;
5. Gardens: Areas dedicated to growing fruits or vegetables for personal consumption or to growing flowers, native plants, ornamental grasses, ground covers, shrubs, and similar plants which are cultivated and/or mulched to remain free of weeds, grassy weeds, or volunteer plants. Vegetation in gardens shall not be allowed to grow onto adjacent property. Fruit and vegetable gardens are prohibited within the public right of way. Landscaping with flowers, plants, and grasses may be allowed within the public right of way, but shall be limited to the immediate area surrounding a mailbox, shall not exceed eight (8) square feet in size, and shall not interfere with the vision triangle as provided in this code. There shall be no compensation by the city to the property owner for any damage to or removal of such items placed within the public right of way;
6. Streetscapes: Plantings within the public right of way that are part of a planned city streetscape or a landscape plan submitted and approved as part of a development permit;
7. Parks And Open Space: Any and all public parks and open space lands whether under the jurisdiction of federal, state, county, or local agencies, including private conservation/preservation organizations; and
8. Native Planting Areas: Areas of native plant species on any parcel, with the exception of individual single-family lots, that are part of a landscape plan submitted and approved as part of a development permit.
All vegetation, other than trees and shrubs, must be cut at least once annually to a height no greater than ten inches (10"). As an alternative to cutting, native planting areas (see exceptions at subsections A7 and A8 of this section) on both private and public property may be maintained by controlled burning with an approved permit from the city's fire department. Natural areas in public parks and greenways shall be exempt from annual maintenance requirements.
No exceptions will be granted that violate the Iowa noxious weeds and the Iowa weed law chapter 317, code of Iowa, 2009.
B. Rubbish, Trash: Accumulation of rubbish, trash, refuse, junk, and other salvage materials, such as metals and lumber, that are allowed to accumulate to the prejudice of others or any material having lost its value for the original purpose for which it was created or manufactured.
C. Debris On Right Of Way: Mud, dirt, gravel, snow, leaves, or other debris, substances, or objects deposited upon the public right of way, including, but not limited to, debris, substances, or objects that unnecessarily restrict the movement of vehicular or pedestrian traffic along the public streets and sidewalks.
D. Dilapidated Buildings: Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or any building or structure defined as a dangerous building in the uniform code for the abatement of dangerous buildings, 1988 edition, as adopted by the city.
E. Abandoned Buildings: Abandoned buildings or other structures.
F. Inoperable/Obsolete Vehicles: The storage, parking, leaving, or permitting the storage, parking, or leaving of an inoperable/obsolete vehicle upon private property within the city. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a junkyard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws.
H. Fences: Fences that are not in a structurally sound condition.
I. Vermin Harborage: Conditions which are conducive to the harborage or breeding of vermin.
J. Sanitary Sewer Facilities: Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools and drainfields, which have failed or do not function properly or which are overflowing, leaking or emanating odors. Septic tanks, cisterns, and cesspools which are abandoned or no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool, or septic tank which does not comply with the Polk County or Dallas County department of health regulations.
K. Overland Flowage Easements And Stormwater Flowage Easements: No alteration or modification shall be made nor any obstructions placed in the overland flowage easement or storm flowage easement which prevents, obstructs, or impedes the overland water flow or surface water flow from adjacent lands entering or draining into and through the easement without first obtaining the expressed written consent of the city.
L. Other Nuisances: Any nuisance described as such by chapter 657 of the Iowa Code.
M. Waste Disposal: The placing in a compost pile, yard, or garden, the burying or the burning of rubbish, trash, refuse, junk, used construction materials, or unprocessed animal waste, or any other inappropriate items which are generally offensive to the senses of the general public.
N. Discharge Of Waters: Any discharge of waters which collect upon private real estate from subsurface or surface drainage to a point upon or adjacent to a public sidewalk, street, or property line as to permit the waters discharged to drain upon a public sidewalk, street, or onto adjoining real estate. The Public Works Director or designee may require that any such discharge be connected to the public storm sewer system, if available, or be directed to a discharge point which eliminates or lessens the nuisance.
O. Dilapidated/Inoperable Mechanical Equipment: The storage, leaving, or permitting the storage or leaving, of dilapidated/inoperable mechanical equipment upon private property within the City including, but not limited to: heating, ventilating and cooling equipment, pumps, generators and solar or wind generated energy systems.
P. Building Exteriors: Any exterior surface to any building or other structure which has not been maintained in good condition, is not of standard quality and appearance, or does not have an acceptable permanent finish. Exterior surfaces include, but are not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, siding, masonry joints, and roofing. Substantial peeling, flaking, and chipped paint on any exterior surface shall also constitute a nuisance. Any construction or renovation project undertaken to correct any such deficiencies shall be completed within six (6) months of commencement of the project, unless the City has approved of a construction or renovation schedule of specific longer duration in writing prior to the expiration of this time period. All construction or renovation project materials and equipment shall be placed within an enclosed structure or removed from the property when not in active use. (Ord. 2143, 5-2-2016; amd. Ord. 2280, 2-20-2018; Ord. 2504, 3-7-2022)