CHAPTER 50

NUISANCE ABATEMENT PROCEDURE
50.01 Definition of Nuisance 50.08 Request for Hearing
50.02 Nuisances Enumerated 50.09 Abatement in Emergency
50.03 Other Conditions 50.10 Abatement by City
50.04 Nuisances Prohibited 50.11 Collection of Costs
50.05 Nuisance Abatement 50.12 Installment Payment of Cost of Abatement
50.06 Notice to Abate: Contents 50.13 Failure to Abate
50.07 Method of Service  

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 62.09)
    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. Unless a variance is allowed by resolution of the Council, grass, weeds, brush or other uncultivated plants, except trees, shall be cut, mowed and maintained so as to not exceed the following height specifications:

      A. Developed Residential Areas – Not to exceed six inches (6").

      B. Undeveloped Residential Areas – Not to exceed eight inches (8").

      C. Business and Industrial Areas – Not to exceed six inches (6").

      D. Agricultural Areas – Not to exceed twelve inches (12").

      (Code of Iowa, Sec. 657.2[12])

      (Ord. 300 – Aug. 03 Supp.)

    10. Dutch Elm Disease. Trees infected with Dutch Elm Disease. (See also Chapter 150)
    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.

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. Dangerous Buildings (See Chapter 145)
    3. Storage and Disposal of Solid Waste (See Chapter 105)
    4. 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 the Mayor 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. †

(Code of Iowa, Sec. 364.12[3h])

50.06    NOTICE TO ABATE: CONTENTS. 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.

50.07    METHOD OF SERVICE. The notice may be in the form of an ordinance or sent by certified mail to the property owner.

(Code of Iowa, Sec. 364.12[3h])

50.08    REQUEST FOR HEARING. 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.

50.09    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. The City shall assess the costs as provided in Section 50.11 after notice to the property owner under the applicable provisions of Sections 50.05, 50.06 and 50.07 and hearing as provided in Section 50.08.

(Code of Iowa, Sec. 364.12[3h])

50.10    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.

(Code of Iowa, Sec. 364.12[3h])

50.11    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 one (1) month, 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.

(Code of Iowa, Sec. 364.12[3h])

50.12    INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City may permit the assessment to be paid in up to ten (10) annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law.

(Code of Iowa, Sec. 364.13)

50.13    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.

CHAPTER 51

JUNK AND JUNK VEHICLES
51.01 Purpose 51.07 Duty of Owner to Remove or Repair
51.02 Definitions 51.08 Hearing Procedures
51.03 Junk and Junk Vehicles Prohibited 51.09 Abatement By City
51.04 Junk and Junk Vehicles a Nuisance 51.10 Collection of Cost of Abatement
51.05 Authority To Enforce 51.11 Exceptions
51.06 Notice To Abate  

51.01    PURPOSE. The purpose of this chapter is to protect the health, safety and welfare of the citizens and safety of property of the City by providing for the elimination of the open storage of junk and junk motor vehicles and machinery except in authorized places.

51.02    DEFINITIONS. For use in this chapter, the following terms are defined:

    1. "Junk" means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.
    2. "Junk vehicle" means any unlicensed vehicle stored within the corporate limits of the City and which has any one of the following characteristics:
    1. Broken Glass. Any vehicle with a broken or cracked windshield, window or headlight or any other cracked or broken glass.
    2. Broken, Loose or Missing Part. Any vehicle with a broken, loose or missing fender, door, bumper, hood, or door handle or window handle or steering wheel, trunk top or trunk handle or tailpipe.
    3. Habitat for Nuisance Animals or Insects. Any vehicle which has become the habitat for rats, mice, or snakes, or any other vermin or insects.
    4. Flammable Fuel. Any vehicle which contains gasoline or any other flammable fuel.
    5. Inoperable. Any motor vehicle if it lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable.
    6. Defective or Obsolete Condition. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.
    1. "Police authority" means the law enforcement entity of the City or the Iowa highway safety patrol.
    2. "Private property’ means any real property within the City which is not public property as defined in this section.
    3. "Public property" means any public right-of-way open for the purposes of vehicular travel.
    4. "Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

51.03    JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for any person to store, accumulate, or allow to remain on any property in the person’s control any junk or junk vehicle.

51.04    JUNK AND JUNK VEHICLES A NUISANCE. Except as hereinafter provided, it is hereby declared that the parking, leaving or storage of junk or junk vehicles upon either public or private property within the corporate limits of the City constitutes a threat and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is stored upon private property or public property in violation thereof, the owner of the property shall be prima facie liable for said violation.

51.05    AUTHORITY TO ENFORCE. The police authority, obtaining a search warrant, may enter upon private property for the purposes specified in this chapter to examine vehicles or parts thereof, obtain information as to the identity of the vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.

51.06    NOTICE TO ABATE.

    1. Whenever the police authority finds a junk vehicle placed or stored on public or private property within the City in violation of Section 51.04, the police authority shall notify, by certified mail, the following persons:
    1. The last known registered owner of the vehicle;
    2. All lienholders of record;
    3. The owner of the property;
    4. The occupant of the property.
    1. The Notice to Abate shall:
    1. Describe, to the extent possible, the year, make, model and color of the vehicle;
    2. Describe the location of the vehicle;
    3. State that the vehicle constitutes a nuisance under the provisions of this chapter;
    4. State that the owner of the property shall remove or repair the said junk vehicle within twenty-one (21) days;
    5. State that any person ordered to abate a nuisance or condition may request, in writing, within the 21-day limit, a hearing to determine whether a nuisance or prohibited condition exists;
    6. State that if the nuisance or condition is not abated as directed or if no request for hearing is made within 21 days, the City will abate the nuisance and assess the cost against the property owner.
    1. Notice shall be deemed given when mailed. If the notice is returned undelivered by the U.S. Post Office, action to abate the nuisance shall be continued to date not less than twenty-one (21) days from the date of such return.

51.07    DUTY OF OWNER TO REMOVE OR REPAIR.

    1. The owner of the property upon which a junk vehicle is stored in violation of the provisions of Section 51.04 shall, within twenty-one (21) days after receipt of the notice to abate from the police authority, remove the motor vehicle or machinery to a lawful place of storage without the City limits or repair the defects that caused such motor vehicle or machinery to violate the provisions of this chapter, including licensing in the case of a motor vehicle not currently licensed.
    2. If a hearing is requested under Section 51.08, the duty of the owner to remove or repair the junk vehicle shall be suspended pending the decision.

51.08    HEARING PROCEDURES.

    1. Any person ordered to abate a nuisance or condition may request a hearing before the Council, or an official of the City designated by the Council, to determine whether a nuisance or prohibited condition exists.
    2. A request for hearing shall be made in writing and filed with the Clerk within the 21-day limit or:
    1. The right to a hearing shall be considered waived; and
    2. It will be conclusively presumed that the nuisance or prohibited condition exists and it must be abated as ordered.
    1. The Council shall, within fifteen (15) days after the filing of the request for a hearing, fix the time and place of the hearing which shall be within thirty (30) days of the filing of the request.
    2. At the conclusion of the hearing, the Council shall render a written decision as to whether a nuisance exists. If a nuisance is found to exist, it shall be ordered abated within a reasonable time period.
    3. The decision shall be final.

51.09    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.

51.10    COLLECTION OF COST OF ABATEMENT. The Clerk shall mail a statement of the total expense incurred 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 one (1) month, the Clerk shall certify the costs to the County Treasurer and the cost shall then be collected with, and in the manner of, general property taxes.

51.11    EXCEPTIONS. This chapter does not apply to the following:

    1. A vehicle in an enclosed building.
    2. A vehicle on the premises of a business enterprise operated in the district properly zoned therefor as authorized under the Zoning Ordinance of the City, when necessary to the operation of said business enterprise.
    3. A vehicle in an appropriate storage space or depository maintained in a lawful place and lawful manner by the City.

 

 

CHAPTER 55

ANIMAL PROTECTION AND CONTROL
55.01 Definitions 55.11 Owner’s Duty
55.02 Animal Neglect 55.12 Confinement
55.03 Livestock Neglect 55.13 At Large: Impoundment
55.04 Abandonment of Cats and Dogs 55.14 Disposition of Animals
55.05 Livestock 55.15 Confinement of Female Dogs in Heat
55.06 At Large Prohibited 55.16 Vicious and Dangerous Animals
55.07 Damage or Interference 55.17 Regulation of Number of Animals
55.08 Annoyance or Disturbance 55.18 Unhealthful and Unsanitary Conditions
55.09 Barking Dogs 55.19 Regulation of Dogs in Parks
55.10 Rabies Vaccination  

55.01    DEFINITIONS. The following terms are defined for use in this chapter.

    1. "Animal" means a nonhuman vertebrate.

      (Code of Iowa, Sec. 717B.1)

    2. "At large" means off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.
    3. "Dangerous animal" means, for the purpose of this chapter, the following animals, whether vicious or not:
    1. Lions, tigers, jaguars, leopards, cougars, lynx, ocelots and bobcats;
    2. Black bears, brown bears, polar bears and grizzly bears;
    3. Alligators and crocodiles;
    4. All venomous or constricting snakes;
    5. Pit bull terriers, including the following:

(1) The Bull Terrier breed of dog;

(2) The Staffordshire Bull Terrier breed;

(3) The American Pit Bull Terrier breed;

(4) The American Staffordshire Terrier breed;

(5) Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers; or

(6) Any dog which has the appearance and characteristics of being predominately of the breeds listed above.

    1. "Livestock" means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches, rheas, emus or poultry.

      (Code of Iowa, Sec. 717.1)

    2. "Owner" means any person owning, keeping, sheltering or harboring an animal.
    3. "Vicious animal" means any animal which has bitten a human being or has attacked a human being or domesticated animal without cause or justification.

55.02    ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering.

(Code of Iowa, Sec. 717B.3)

55.03    LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.

(Code of Iowa, Sec. 717.2)

55.04    ABANDONMENT OF CATS AND DOGS. A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound.

(Code of Iowa, Sec. 717B.8)

55.05    LIVESTOCK. It is unlawful for a person to keep livestock within the City except by written consent of the Council or except in compliance with the City’s zoning regulations.

55.06    AT LARGE PROHIBITED. It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City.

55.07    DAMAGE OR INTERFERENCE. It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.

55.08    ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles.

55.09    BARKING DOGS. All complaints concerning barking dogs shall be referred to the law enforcement officer for the City. The officer shall make a written report of each complaint and shall notify the owner of the dog of the registration of the complaint. Any dog having three complaints lodged against it within seven (7) days may be ordered permanently removed from the City by the law enforcement officer for the City following hearing after appropriate notice and opportunity to be heard are given to the dog’s owner.

55.10    RABIES VACCINATION. Every owner of a dog shall obtain a rabies vaccination for such animal. It is unlawful for any person to own or have a dog in said person’s possession, six months of age or over, which has not been vaccinated against rabies. Dogs kept in kennels and not allowed to run at large are not subject to these vaccination requirements.

(Code of Iowa, Sec. 351.33)

55.11    OWNER’S DUTY. It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.

(Code of Iowa, Sec. 351.38)

55.12    CONFINEMENT. If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after ten (10) days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.

(Code of Iowa, Sec. 351.39)

55.13    AT LARGE: IMPOUNDMENT. Animals found at large in violation of this chapter shall be seized and impounded, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

55.14    DISPOSITION OF ANIMALS. When an animal has been apprehended and impounded, written notice shall be provided to the owner within two (2) days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal. Impounded animals may be recovered by the owner upon payment of impounding costs as established by the impoundment facilities utilized by the City, and if an unvaccinated dog, by having it immediately vaccinated. If the owner fails to redeem the animal within seven days from the date that the notice is mailed, or if the owner cannot be located within seven (7) days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.

(Code of Iowa, Sec. 351.37, 351.41)

55.15    CONFINEMENT OF FEMALE DOGS IN HEAT. The owner of any female dog in heat shall confine said animal indoors or in a secure kennel if outdoors during the heat period. The owner may remove the dog in heat from indoors or its kennel for purposes of breeding and/or exercise, provided that the animal is on a leash, cord, chain or similar restraint not more than six (6) feet in length and is under the control of the walker. No female dog in heat shall be allowed outdoors at heel.

55.16    VICIOUS AND DANGEROUS ANIMALS. No person shall own, keep or harbor a vicious animal or dangerous animal within the City. It is the duty of all animal control officers, the City veterinarian and all law enforcement officers to impound any vicious animal or dangerous animal. In the event the animal cannot be impounded without exposing the persons attempting to impound the animal to danger or personal injury, the animal may be destroyed. The following are exempted from the prohibition of owning or keeping a dangerous animal within the City:

    1. Public zoos, accredited educational or medical institutions where the animals are kept for the purpose of instruction and/or research and public museums where the animals are kept as live specimens for public viewing.
    2. Animals held for public exhibition by a traveling circus, carnival, exhibit or show, duly authorized in accord with this Code of Ordinances.
    3. Animals being kept by a licensed veterinarian or veterinary hospital for treatment.
    4. Animals under the jurisdiction of and in the possession of the Department of Natural Resources.
    5. Animals possessed under authority of a State-issued breeder’s license or scientific collector’s license.

55.17    REGULATION OF NUMBER OF ANIMALS. No person shall harbor, keep or maintain such number of dogs or cats, or a combination thereof, so as to create unhealthful or unsanitary conditions for the humans or animals occupying the premises, or create any other conditions constituting a nuisance. If such conditions exist, the City veterinarian shall make an investigation and after notice and hearing to the person occupying or maintaining the premises, or the person harboring or maintaining the animals, may direct that a number of the animals be removed from the premises to remedy or correct the unhealthful, unsanitary or other conditions constituting a nuisance. The City veterinarian may also order necessary cleanup work to be done.

55.18    UNHEALTHFUL OR UNSANITARY CONDITIONS.

    1. An owner shall keep all structures, pens, coops or yards wherein animals are confined clean, devoid of vermin and free of odors arising from urine and/or feces.
    2. No owner or walker of any animal shall permit the animal to discharge feces upon any public or private property, other than the property of the owner of the animal. The owner or walker shall be deemed to permit the animal’s discharge of feces if the owner does not immediately thereafter take steps to remove and clean up the feces from the property.
    3. All feces removed as aforesaid shall be placed in an airtight container until it is removed pursuant to refuse collection procedures or otherwise disposed of in a sanitary manner.
    4. An owner may, as an alternative to subsection 3 above, collect the feces and turn it under the surface of the owner’s soil in any manner that prevents odor or collection of vermin.

55.19    REGULATION OF DOGS IN PARKS. No dog shall be allowed in or within 50 feet of any pavilion, playground, or ball field in a City park, except properly trained dogs for the blind or deaf. No dog shall be allowed in any other area of a City park unless it is attached to a leash not more than six (6) feet in length and having sufficient strength to restrain the dog and the leash is held by a person capable of restraining and controlling the dog.

 

 

Back to City Hall