§ 18-2. Certain conditions deemed nuisances.  


Latest version.
  • The following subsections include, but do not limit, the conditions which are deemed to be nuisances in the city:

    (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 and noisome substance. Causing or suffering any offal, filth or noisome substance to the collected or to remain in any place to the prejudice of others.

    (3)

    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.

    (4)

    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.

    (5)

    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.

    (6)

    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.

    (7)

    Air pollution. Emission of dense smoke, noxious fumes or fly ash.

    (8)

    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. Unless a variance is allowed by resolution of the council, grass, weeds, brush, or other plants, except trees, shall be cut, mowed and maintained so as to not exceed the following height specifications:

    a.

    Developed residential areas; not to exceed six inches.

    b.

    Undeveloped residential areas; not to exceed eight inches.

    c.

    Business and industrial areas; not to exceed six inches.

    d.

    Agricultural areas; not to exceed 12 inches.

    (9)

    Dutch elm disease. Trees infected with Dutch elm disease.

    (10)

    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 (I.C.A. ch. 723A) or places resorted to by persons using controlled substances, as defined in section 204.101[6] of the Code of Iowa (I.C.A. § 204.101[6]), 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.

    (11)

    Abandoned appliances. Abandoning or otherwise leaving unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, or allowing any such refrigerator, ice box, or similar container to remain outside of buildings on premises in the person's possession or control, abandoned or unattended and so accessible to children.

    (12)

    Obstructing view at intersections. All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached.

    (13)

    Outside storage of materials. All wood stored outside for use as firewood or other fuel shall be stacked in an orderly manner so as not to attract vermin or be a safety hazard. No construction or building material shall be stacked outside unless a valid building permit has been issued by the council for a project using the material.

(Prior Code, § 50.02)

State law reference

Similar provisions, I.C.A. §§ 657.2, 727.3.