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HomeMy Public PortalAboutOrdinances-1980-90 " S • ORDINANCE NO. 1980-9,0 AN ORDINANCE PROHIBITING THE CREATION OR MAINTENANCE OF. A NUISANCE AND PROVIDING A METHOD OF ENFORCEMENT AND PENALTY BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TIFFIN, IOWA: SECTION 1. Definitions. For use in this ordinance the following terms are defined: 1. The term "nuisance" shall mean whatever is injurious to health, indecent or offensive to the senses or an obstacle to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances: (a) The erecting, continuing or using any building or other place for the exercise of any trade, employment or manufacturer, which by occasioning noxious exhalations, offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public. (b) The causing or suffering any offal, filth or noisome substance to be collected or to remain in any place to the prejudice of others. . (c) The 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. (d) The obstructing or encumbering by fences, buildings or otherwise the public road, private ways, streets, alleys, commons, landing places or burying grounds. (e) House of ill fame, kept for the purpose of prostitution and lewdness, gambling houses, or houses resorted to for the use of opium or hashish or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others. (f) Billboards, signposts, and advertising signs, whether erected and constructed on public or_private property, which so obstruct or 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. .(g) Cotton-bearing cottonwood trees and all other cotton-bearing F/-aplar trees in cities. (h) The depositing or storing of inflammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of any city, unless it be in a building of fireproof construction. page 2 Ordinance 1980-9:0 (i) The emission of dense smoke, noxious fumes or fly ash. (j) Dense growth of all weeds, vines, brush or other vegetation in the city so as to constitute a health, safety or fire hazzard. (k) Trees infected with Dutch Elm disease. (1) Open burning of trash shall be prohibited. 2. The term "property owner" shall mean the contract purchaser if there is one of record, otherwise the record holder of legal title. SECTION II. Nuisances Prohibited. The creation or maintenance of a nuisance is hereby prohibited, and a nuisance, public or private, may be abated in the manner provided in this ordinance. SECTION III. Other Conditions Prohibited. The following actions are required and may also be abated in the manner provided in this ordinance. 1. The removal of diseased trees or dead wood,, but not diseased trees and dead wood outside the lot and property lines and inside the curb .11nes upon the public street. 2. The removal, repair or dismantling of a dangerous building or structure. 3. The connection to public drainage systems, from abutting property when necessary for public health or safety. 4. The connection to public sewer systems from abutting property and the installation of sanitary toilet facilities and removal of- other toilet facilities on such property. 5. The cutting or destruction of weeds or other growth which constitutes a health, safety or fire hazzrd. SECTION IV. Notice To Abate Nuisance Or Condition. Whenever the Mayor or other authorized municipal officer finds that a nuisance or other condition listed in Section III exists, he shall cause to be served upon the property owner as shown by the records of the county auditor a written notice to abate the nuisance„within a reasonable time after notice. • SECTION V. Contents Of Notice To Abate. The notice to abate shall contain: 1. A description of what constitutes the nuisance or other condition. 2. The location of the nuisance or condition. 3. A statement of the act or acts necessary to abate the nuisance or condition. 4. A reasonable time within which to complete the abatement. page 3 Orcinance 1980-90 5. 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. SECTION VI. Method` Of Service. The notice may be in the form of an ordinance or sent by certified mail to the property owner as shown by the records of the county auditor. SECTION VII. Request For Hearing And Appeal. Any person ordered to abate a nuisance or condition may have a hearing with the City Council as to whether a nuisance or prohibited condition exists. ' A request for a hearing must be made in writing and delivered to the officer ordering the abatement• within the time statedl. .m the notice, or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered. At the conclusion of the hearing, the hearing-officer shall render a written decision as to whether a nuisance or prohibited condition exists. If he finds that a nuisance or prohibited condition exists, he must order it abated within an additional time which must be reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the hearing officer. This appeal will be heard before the City Council at a time and place fixed by the Council. The findings of the council shall be conclusive and, if a nuisance or prohibited condition is found to exist, it shall be ordered 'abated within a time reasonable under the circumstances. SEXTION VIII. 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 ordinance without,prior notice. The city shall assess the costs as provided in Section X of"this ordinance, after notice to the property owner under the applicable provision of Sections IV and.V and hearing.as provided in Section VII. d < SECTION IX. Abatement,By Municipality. 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 expenses incurred. The itemized expense account shall be filed with the city clerk who shall pay such expenses on behalf of the municipality. SECTION X. 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 month, he shall certify the costs to the county auditor and it shall then be collected with, and in the same manner, as general property taxes. SECTION XI. ' Penalty. Anyone violating any of the provisions of this ordinance shall upon conviction be subject to a fine not exceeding one hundred dollars ($100.00). al v k l C) a. page 4 Ordinance 1980-90 i SECTION XII. Reapealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SEXTION XIII. Saving 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 ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION XIV. When Effective. This ordinance shall be in effect after its final passage, approval, and publication as provided by law. Passed by the Council on t e 1) o day of <2L41_____, 1980 and approved the )1 day of AA_.- . , 1980. �■10111Pr- ellt.. ollftit ...........41 _. .. Attest: adth. ,,,i. k.-4,,,,,, , CLERK The foregoing ordinance entitled AN`ORDINANCE PROHIBITING THE CREATION OR MAINTENANCE OF A NUISANCE AND PROVTTING METHOD OF ENFORCEMENT AND PENALTY was published on the LI.. day of ,1980 ' by posting copies thereof in three public places wi hin e limits, two of which places are the mayor's office an the post, office. 46/Adea', ci- ee..4/11). CLERK • Councilman f• ', A .i_ introduced the foregoing Ordinance which was then read and suly co sidered by the Council. Its adoption was J . moved by Councilman , and seconded by Councilman �it J1/�/l ,4J. On roll call Councilman --,W6l.! U el Anqe--/-; 4,21:://sejb g .) ' ' (1-4A--t24 (_.e tile 0.41,(A) , ,voted "Aye". "Nays." e / !�l The Mayor then declared the motion carried. .,Councilman , Pot) then moved that the rule or law requiring three readings of this Ordinance on three different dates be dispensed with. On roll call Councilman deiry-J, PlçOpvey , Igo4 /x, 6t))/// voted "Aye." "Nays." The Mayor then declare this Ordinance duly passed and adopted on this // day of , 1980. Posted in three places within the c..- .. • . .= limits o .4* , Iowa. ; .► Attest: 1 LE, • 1 A 4_I11' r.�irr .� CLERK ' ■XYnR '''Iv page 5 Ordinance 1980-90 I. ach,,,L., , City Clerk of Tiffin, Iowa do hereby certify that the above is a true and correct copy of Ordinance No. 1980-90 passed by the City Council f iffin, Iowa at a special meeting held on the 1/ day of , 1980, as the same appears on record in my office. DATED this 1/ day of L/tAXx/� , 1980., 4,6h; City Clerk of Tiffin, Iowa r ' 1