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)
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)
(Ord. 300 – Aug. 03 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:
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)
NUISANCE ABATEMENT. †
1. Except for a nuisance found under Section 50.02(9), 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. Said notice shall be sent by certified mail to the property owner.
2. For a nuisance found under Section 50.02(9), the property owner shall be notified of such nuisance pursuant to the provisions of subsection 3 of this section.
3. Notice to the owner or person in control the land within the City subject to this provision of this chapter and Section 50.02(9) shall be as follows: The Mayor or his/her designee shall cause to be published at least once per mowing season (preferably on or before April 15 of each year) in a newspaper of general circulation within the City a notice stating that work of cutting or destroying grasses, weeds, vines, brush or other growth is required to be done during the months of May through October, inclusive, and a statement that property owners have six (6) days within which such owners may cause the work to be done. Further, the notice shall state that failure to comply after publication of the notice will result in the work being done by the City, and the costs incurred by the City shall be assessed against the property in the manner provided by law. No further notice shall be required. In addition, this notice shall inform the property owner that he/she has the right to appeal that matter to the City Council under Section 50.08 of the City Code of Ordinances. The City may also issue courtesy reminders to property owners as additional notice.
(Ord. 351 – Aug. 10 Supp.)
50.06 NOTICE TO ABATE: CONT
† EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure.
50.06 NOTICE TO ABATE: CONTENTS. The notice to abate shall contain:
(Code of Iowa, Sec. 364.12[3h])
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.
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:
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.
51.07 DUTY OF OWNER TO REMOVE OR REPAIR.
51.08 HEARING PROCEDURES.
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:
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.
(Code of Iowa, Sec. 717B.1)
(Code of Iowa, Sec. 717.1)
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 pursuant to Section 55.13, 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. The notice shall provide that if the owner does not redeem the animal within seven days from the date that the notice is delivered, the animal may be humanely destroyed or otherwise disposed of in accordance with law. For purposes of this section, notice is delivered when the notice is mailed by regular mail. Upon the first impoundment of a specific animal, the owner may redeem the animal by paying the cost of impoundment. Upon the second impoundment of the same animal, the owner may redeem the animal by paying the cost of the impoundment plus an additional $50.00. Upon the third and any subsequent impoundment of the same animal, the owner may redeem the animal by paying the cost of the impoundment plus an additional $100.00. If the owner of the impounded animal fails to redeem the animal within seven days from the date of the delivery of the notice to the animal’s owner as provided in this section, the animal shall be disposed of in accordance with law.
(Code of Iowa, Sec. 351.37, 351.41)
(Ord. 356 – Sep. 11 Supp.)
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