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50.01 Definition of Nuisance |
50.07 Request for Hearing |
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50.02 Nuisances Enumerated |
50.08 Abatement in Emergency |
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50.03 Nuisances Prohibited |
50.09 Abatement by City |
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50.04 Nuisance Abatement |
50.10 Collection of Costs |
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50.05 Notice to Abate: Contents |
50.11 Installment Payment of Cost of Abatement |
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50.06 Method of Service |
50.12 Failure to Abate |
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.
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.
10. Dutch Elm Disease. Trees infected with Dutch Elm Disease.
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 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)
50.04 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])
50.05 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.
50.06 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])
50.07 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. †
50.08 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 50.10 after notice to the property owner under the applicable provisions of Sections 50.04, 50.05 and 50.06 and hearing as provided in Section 50.07.
(Code of Iowa, Sec. 364.12[3h])
50.09 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.
(Code of Iowa, Sec. 364.12[3h])
50.10 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 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])
50.11 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)
50.12 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, JUNK VEHICLES,
MACHINERY,
TRAILERS AND SEMI-TRAILERS
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51.01 Definitions |
51.03 Junk, Junk Vehicles, Machinery, Trailers and |
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51.02 Junk, Junk Vehicles, Machinery, Trailers and |
Semi-Trailers a Nuisance |
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Semi-Trailers Prohibited |
51.04 Exceptions |
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51.05 Notice to Abate |
51.01 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 motor vehicle,” “junk machinery,” or “trailer or semi-trailer” means any motor vehicle, piece of machinery, trailer or semi-trailer stored for 48 hours within the corporate limits of the City whether licensed for the current year as required by any law or not, and/or which because of any one of the following characteristics constitutes a threat to the public health and safety:
A. Broken Glass. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.
B. Broken, Loose or Missing Part. Any vehicle with a broken, loose or missing fender, door, bumper, hood, steering wheel or trunk lid.
C. Habitat for Nuisance Animals or Insects. Any vehicle, piece of machinery, trailer or semi-trailer which has become the habitat for rats, mice, or snakes, or any other vermin or insects.
D. Flammable Fuel. Any vehicle, machinery, trailer or semi-trailer that contains gasoline or any other flammable fuel, paper, cardboard, wood or other combustible material, garbage, refuse, solid waste, debris, etc.
E. Inoperable. Any vehicle, piece of machinery, trailer or semi-trailer which lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle, piece of machinery, trailer or semi-trailer totally inoperable.
F. Defective or Obsolete Condition. Any other vehicle, piece of machinery, trailer or semi-trailer which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.
3. “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.
51.02 JUNK, JUNK VEHICLES, MACHINERY, TRAILERS AND SEMI-TRAILERS PROHIBITED. It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk, junk motor vehicle, machinery, trailer or semi-trailer.
51.03 JUNK, JUNK VEHICLES, MACHINERY, TRAILERS AND SEMI-TRAILERS A NUISANCE. It is hereby declared that any junk or junk motor vehicle, machinery, trailer or semi-trailer located upon private property owned or controlled by the owner of the vehicle, machinery, trailer or semi-trailer, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk, junk motor vehicle, machinery, trailer or semi-trailer is stored upon private property in violation hereof, the owner of or person in control of the property upon which it is stored shall be prima facie liable for said violation.
(Code of Iowa, Sec. 364.12[3a])
51.04 EXCEPTIONS. The provisions of this chapter do not apply to any junk, junk motor vehicle, junk machinery, trailer or semi-trailer stored within:
1. Structure. A garage or other enclosed structure; or
2. Salvage Yard. An auto salvage yard or junk yard lawfully operated within the City and fully enclosed within a fence or wall of at least eight (8) feet in height.
51.05 NOTICE TO ABATE. Upon discovery of any junk, junk motor vehicle, junk machinery, trailer or semi-trailer located upon private property in violation of Section 51.03, the City shall within five (5) days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances.
(Code of Iowa, Sec. 364.12[3a])
° ° ° ° ° ° ° ° ° °
CHAPTER 52
OUTDOOR STORAGE OF MOTOR VEHICLES
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52.01 Definitions |
52.03 Exceptions |
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52.02 Special Regulations |
52.04 Penalty |
52.01 DEFINITIONS. For use in this chapter, the term “outdoors storage of motor vehicles” means any motor vehicle kept, stored, or displayed out of doors within the corporate limits of the City that has not been declared a “junk vehicle” as defined in Chapter 51.
52.02 SPECIAL REGULATIONS. The storage of motor vehicles out of doors can detract from the beneficial use of and enjoyment of neighboring properties. Certain special regulations are established as follows:
1. No person shall keep, store or display one or more motor vehicles out of doors on property zoned for residential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under his/her ownership, possession or control for more than fifteen (15) days without movement and use of said vehicle as an operating motor vehicle. In no instance shall any vehicle be parked or located on real property in a residential district except when parked on a hard or semi-hard parking surface (i.e. driveway) on said property and otherwise complies with the ordinances of the City and this chapter.
2. No person shall keep, store or display one or more motor vehicles out of doors on property zoned for commercial or industrial use, or permit the parking out of doors of a motor vehicle on commercial or industrial zoned property under his/her ownership, possession or control for more than one year without movement and use of said vehicle as an operating motor vehicle and otherwise complies with the ordinances of the City and this chapter.
3. The provisions of Chapter 51 notwithstanding, the keeping, parking or storage out of doors of any wrecked or demolished motor vehicle or motor vehicle stripped for parts at the same commercial or industrial zoned property for more than one hundred eighty (180) days is prohibited.
52.03 EXCEPTIONS. The following shall be exempt from the regulations of this section:
1. Vehicles kept in a garage or other enclosed structure or which are kept concealed and enclosed behind an opaque wall at least eight feet in height, or completely covered by a tight fitting opaque cloth vehicle cover or a tight fitting cloth tarpaulin.
2. Vehicles kept in an automobile salvage yard or a fenced in commercial storage facility.
3. A motor home, pickup truck with camper top, converted bus or van, boats, jet skis, or similar recreational vehicles, which is currently licensed for operation on the public highway.
4. A motor vehicle currently licensed for operation on the public highway and lawfully parked off the streets while the owner or other person in lawful possession and control thereof, if a resident of this City, is out of the City for more than fifteen (15) days but not more than one hundred eighty (180) days.
5. Vehicles which are immobilized pursuant to an immobilization order of the District Court.
52.04 PENALTY. A violation of this chapter shall be a municipal infraction, penalties as shown in Standard Penalty ‑ Municipal Infraction Schedule of Penalties on file at City Hall.
[The next page is 145]
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55.01 Definitions |
55.08 Annoyance or Disturbance |
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55.02 Animal Neglect |
55.09 Vicious Dogs |
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55.03 Livestock Neglect |
55.10 Rabies Vaccination |
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55.04 Abandonment of Cats and Dogs |
55.11 Owner’s Duty |
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55.05 Livestock |
55.12 Confinement |
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55.06 At Large Prohibited |
55.13 Summons Issued |
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55.07 Damage or Interference |
55.14 Pet Awards Prohibited |
55.01 DEFINITIONS. The following terms are defined for use in this chapter.
1. “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
2. “Animal” means a nonhuman vertebrate.
(Code of Iowa, Sec. 717B.1)
3. “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.
4. “Business” means any enterprise relating to any of the following:
A. The sale or offer for sale of goods or services.
B. A recruitment for employment or membership in an organization.
C. A solicitation to make an investment.
D. An amusement or entertainment activity.
5. “Fair” means any of the following:
A. The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
B. An exhibition of agricultural or manufactured products.
C. An event for operation of amusement rides or devices or concession booths.
6. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
7. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry.
(Code of Iowa, Sec. 717.1)
8. “Owner” means any person owning, keeping, sheltering or harboring an animal.
9. “Pet” means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana.
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 VICIOUS DOGS. It is unlawful for any person to harbor or keep a vicious dog within the City. A dog is deemed to be vicious when it has attacked or bitten any person without provocation, or when propensity to attack or bite persons exists and is known or ought reasonably to be known to the 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.
(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 SUMMONS ISSUED. The owner of any dog or other animal shall be issued a summons to appear before a proper court to answer charges of permitting such dog or animal to be at large in violation of this chapter.
55.14 PET AWARDS PROHIBITED.
(Code of Iowa, Ch. 717.E)
1. Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following:
A. A prize for participating in a game.
B. A prize for participating in a fair event.
C. An inducement or condition for visiting a place of business or attending an event sponsored by a business.
D. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care or disposition of the pet.
2. Exceptions. This section does not apply to any of the following:
A. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop.
B. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing, including but not limited to the Iowa Sportsmen’s Federation.
[The next page is 155]
CHAPTER 60
ADMINISTRATION OF TRAFFIC CODE
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60.01 Title |
60.05 Traffic Accidents: Reports |
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60.02 Definitions |
60.06 Peace Officer’s Authority |
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60.03 Administration and Enforcement |
60.07 Obedience to Peace Officers |
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60.04 Power to Direct Traffic |
60.08 Parades Regulated |
60.01 TITLE. Chapters 60 through 70 of this Code of Ordinances may be known and cited as the “Oakland Acres Traffic Code.”
60.02 DEFINITIONS. Where words and phrases used in the Traffic Code are defined by State law, such definitions apply to their use in said Traffic Code and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings:
(Code of Iowa, Sec. 321.1)
1. “Business District” means the territory contiguous to and including a highway when fifty percent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.
2. “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
3. “Peace officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
4. “Residence district” means the territory contiguous to and including a highway not comprising a business, suburban or school district, where forty percent (40%) or more of the frontage on such a highway for a distance of three hundred (300) feet or more is occupied by dwellings or by dwellings and buildings in use for business.
5. “School district” means the territory contiguous to and including a highway for a distance of two hundred (200) feet in either direction from a school house.
6. “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.
7. “Stop” means when required, the complete cessation of movement.
8. “Stop” or “stopping” means when prohibited, any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control sign or signal.
9. “Suburban district” means all other parts of the city not included in the business, school or residence districts.
10. “Traffic control device” means all signs, signals, markings, and devices not inconsistent with this chapter, lawfully placed or erected for the purpose of regulating, warning, or guiding traffic.
11. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, street, or alley.
60.03 ADMINISTRATION AND ENFORCEMENT. Provisions of this chapter and State law relating to motor vehicles and law of the road are enforced by the peace officer.
(Code of Iowa, Sec. 372.13 [4])
60.04 POWER TO DIRECT TRAFFIC. A peace officer, and, in the absence of a peace officer, any officer of the fire department when at the scene of a fire, is authorized to direct all traffic by voice, hand or signal in conformance with traffic laws. In the event of an emergency, traffic may be directed as conditions require, notwithstanding the provisions of the traffic laws.
(Code of Iowa, Sec. 102.4 & 321.236[2])
60.05 TRAFFIC ACCIDENTS: REPORTS. The driver of a vehicle involved in an accident within the limits of the City shall file a report as and when required by the Iowa Department of Transportation. A copy of this report shall be filed with the City for the confidential use of peace officers and shall be subject to the provisions of Section 321.271 of the Code of Iowa.
(Code of Iowa, Sec. 321.273)
60.06 PEACE OFFICER’S AUTHORITY. A peace officer is authorized to stop a vehicle to require exhibition of the driver’s license of the driver, to serve a summons or memorandum of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with reference to size, weight, cargo, log book, bills of lading or other manifest of employment, tires and safety equipment, or to inspect the registration certificate, the compensation certificate, travel order, or permit of such vehicle. A peace officer having probable cause to stop a vehicle may require exhibition of the proof of financial liability coverage card issued for the vehicle.
(Code of Iowa, Sec. 321.492)
60.07 OBEDIENCE TO PEACE OFFICERS. No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control, or regulate traffic.
(Code of Iowa, Sec. 321.229)
60.08 PARADES REGULATED. No person shall conduct or cause any parade on any street except as provided herein:
1. Definition. “Parade” means any march or procession of persons or vehicles organized for marching or moving on the streets in an organized fashion or manner or any march or procession of persons or vehicles represented or advertised to the public as a parade.
2. Approval Required. No parade shall be conducted without first obtaining approval from the Mayor. The person organizing or sponsoring the parade shall provide information concerning the time and date for the parade and the streets or general route therefor, and any approval given to such person includes all participants in the parade, provided they have been invited to participate.
3. Parade Not A Street Obstruction. Any parade for which approval has been given and the persons lawfully participating therein shall not be deemed an obstruction of the streets, notwithstanding the provisions of any other ordinance to the contrary.
4. Control By Peace Officers and Fire Fighters. Persons participating in any parade shall at all times be subject to the lawful orders and directions in the performance of their duties of law enforcement personnel and members of the Fire Department.
° ° ° ° ° ° ° ° ° °
† 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.
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