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• 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.
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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.
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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).
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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-
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...........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
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moved by Councilman , and seconded by Councilman �it J1/�/l ,4J.
On roll call Councilman --,W6l.! U el Anqe--/-; 4,21:://sejb
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(1-4A--t24 (_.e tile 0.41,(A) , ,voted "Aye". "Nays."
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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
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