HomeMy Public PortalAbout2022 0823 1st Reading: 04-2022 - Ordinance Amending the Code Section 50.02.9 Nuisances EnumeratedORDINANCE NO. 04-2022
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF RIVERDALE, IOWA BY AMENDING SECTION 50.02.9 OF
CHAPTER 50 ENTITLED NUSIANCES ENUMERATED
BE IT ENCACTED by the City Council of the City of Riverdale, Iowa:
SECTION 1. Amended Section
Section 50.02.9 [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.] under “Nuisances Enumerated” of the Code of Ordinances of
the City of Riverdale, Iowa, is hereby repealed and replaced as follows:
Chapter 49
Mowing of Properties
49.01 Purpose 49.05 Mowing in the Street
49.02 Uniform Height Specifications 49.06 Procedures and Requirements
49.03 Noxious Weeds 49.07 Application for Exception Permit
49.04 Abatement Notice and Procedure
49.01 Purpose
The purpose of this chapter is to beautify and preserve the appearance of the City by requiring property
owners and occupants to maintain grass lawns at a uniform height within the boundaries of their
property and on abutting street right-of-way in order to prevent unsightly, offensive, or nuisance
conditions.
49.02 Uniform Height Specifications
Grass, weeds or brush shall be cut, mowed, and maintained so as not to exceed the following height
specifications:
1)Developed Residential Areas - Not to exceed 8 (eight) inches.2)Undeveloped Residential Areas - Not to exceed 8 (eight) inches.3)Business and Industrial Areas - Not to exceed 8 (eight) inches.4)Agriculture Areas - Not to exceed 15 (fifteen) inches5)Designated Pollinator Habitat or Prairie Areas - No requirement to mow if requested and
designated by City.6)Requested "Mow Less May" Areas - Not to exceed 12 (twelve) inches.
Grass, weeds, and brush that are allowed to grow in excess of the above-specified limitations are deemed
to be violations of this chapter. Any property within the City, whether vacated or non-vacated, is required
to conform to these specifications.
49.03 Noxious Weeds
Every property owner shall cut and control noxious weeds upon the owner’s property and adjacent to the
curb line or outer boundary of any street, which shall include the parking area abutting the owner’s
property, by cutting noxious weeds to ground level. The use of herbicides alone to eliminate or eradicate
such weeds shall not appropriately abate the nuisance if the subject vegetation is in violation of the
height limit.
Noxious weeds include any weed growth or plant designated as noxious by the State Department of
Natural Resources rules and regulations or by the Code of Iowa Chapter 317 to include both primary and
secondary noxious weeds.
49.04 Abatement Notice and Procedure
49.04.01 Publication of Notice
Annual spring publication of this ordinance codified in this chapter in the official newspaper shall serve as
one official notice to the property owners.
49.04.02 Written Notice
The property owner of record will receive one regular mail notice and will receive a one-week timeframe
from the date of mailing in which to comply with the Ordinance.
1. The written notice is to include:
a. A description of what constitutes the nuisance.
b. The location of the nuisance.
c. Act(s) necessary to abate the nuisance.
d. A reasonable time within which to complete the abatement, not to exceed fourteen (14)
calendar days.
e. A statement that if the nuisance or condition is not abated as directed and within the time
prescribed, the City will abate it and assess the costs against the property owner.
2. After the reasonable time period for the initial violation has passed, the property owner shall continue
to abate the nuisance without further notice.
3. Subsequent violations per subdivided lot in a mowing year shall not require additional notice prior to
the City’s abatement of the nuisance.
4. The City may abate the nuisance itself or by hiring an independent contractor. Independent
contractors shall be paid upon their completion and submission of an invoice, regardless of whether
the cost has been received from the property owner. The property owner shall be charged $50 per
mowed acre per subdivided lot for the first abatement, or $100 per mowed acre per subdivided lot if
abated by contractor. The property owner shall be charged incurred costs plus a $75 administrative
fee for the first abatement in a mowing year, and incurred costs plus $125 administrative fee for
subsequent violations.
5. Collection of Costs: The Clerk shall issue a billing 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 a within one month, the Clerk shall assess a $100 late fee and
certify the costs to the County Treasurer and such costs shall then be collected with, and in the same
manner as, general property taxes.
6. The Administrator or his/her designee shall be responsible for the enforcement of this chapter.
49.05 Mowing in the Street
No property shall cut, mow, or deposit in any fashion any grass, weeds, brush or leaves upon the City
Street. Property owners found to be in violation of this section shall be fined $30.00 for the first
occurrence in a mowing year; and $60.00 for subsequent violations.
49.06 Procedures and Requirements
Allowable exceptions may be permitted to the uniform height specifications of this chapter in accordance
with the rules and procedures as adopted by the Council, for the establishment and maintenance of a
native grass area. The Council may grant or deny an exception in accordance with the standards set forth
herein and within the intent and purpose of this chapter. In granting an exception, the Council may
prescribe and impose appropriate conditions, safeguards, and a specific time for the performance for
which the exception will be permitted.
49.07 Application for Exception Permit
An application for an exception permit may be initiated by a property owner or the property owner’s
authorized agent by filling an application with the City Clerk upon forms prescribed for this purpose. The
application shall be accompanied by a site plan and such other plans and data showing the dimensions,
descriptive data, seed content, and other materials constituting a record essential to and understanding
of the proposed use of the area in question. The application shall also be accompanied by a fee as
determined by resolution of the City Council.
SECTION 2. REPEALER. All ordinances or part of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
SECTION 3. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be
adjudged invalid or unconstitutional such adjudication shall not affect the validity of the ordinances as a
whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.
SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage,
approval, and publication as provided by law.
Passed by the Council the ______day of ____________,2022, and approved this _____day of
______________, 2022.
APPROVED: ATTEST:
______________________________________________ ______________________________________________
Anthony Heddlesten, Mayor Kelly Krell, Deputy Clerk
1st Reading: ____________________, 2022
2nd Reading: ____________________, 2022
3rd Reading: ____________________, 2022