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Home My WebLink AboutA013 - West Des Moines Code dealing with nuisances, lawn vegetation - City Attorney's Office 515 Clark Avenue,P.O.Box 811 CariV People Ames,IA 50010 Quality Pmgraw Euepioual Service Phone: 515-239-5146 •Fax: 515-239-5142 July 19, 2002 The Honordable Ted Tedesco, Mayor, and Members of the City Council of the City of Ames, Iowa Re: Lawn Vegetation Nuisances Dear Mayor Tedesco and Council Members: Attached is the West Des Moines Municipal Code dealing with nuisances including lawn vegetation. This was mentioned at the last Council meeting I attended and may be of use in discussions for our City Code. Yours truly, ]c�� Judy PK. Parks Assistant City Attorney JKP:gmw Attachment 4�4-1 OEFINITIONS: Page 1 of 44-1: DEFINITIONS: ABANDONED BUILDING: Any building or portion of a building which has stood with an incomplete exterior shell for longer than one year or any building or portion thereof which has stood unoccupied f longer than six (6) months and which meets one or more of the following criteria. Unsecured. Having Housing Code or Building Code violations. CODE ENFORCEMENT OFFICER: The City Manager or any enforcement officer designated by the City Manager of the City of West Des Moines to enforce this Chapter. INOPERABLE/OBSOLETE VEHICLE: Any 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 shall include, without limitation, motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, and which is not licensed for the current year as required by law and/or which exhibits any one of the following characteristics: A. Broken Glass: Any vehicle or part of a vehicle with a broken windshield, or any other broken glass. B. Broken or Loose Parts: Any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, wheel, steering wheel, trunk top or tailpipe. C. Missing Engine or Wheels: Any vehicle which is lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable. D. Habitat for Animals or Insects: Any vehicle or part of a vehicle which has become a habitat for rats, mice or snakes or any other vermin or insects. E. Defective or Obsolete Condition: Any vehicle or part of a vehicle which, because of its defective or obsolete condition, constitutes a threat to the public health and safety. F. Inoperable Condition: Any vehicle that is not capable of moving in both forward and reverse gears. JUNK or SALVAGE MATERIAL: Any discarded or salvaged building material or fixture; any obsolete inoperable machinery or parts thereof; scrap or iron or steel. OVERLAND FLOWAGE EASEMENT or STORM WATER FLOWAGE EASEMENTS: Those easements as shown on an official plat of record intended to convey storm water and surface water o by separate recorded easement document approved by the City in conjunction with the development a parcel of land within the City. OWNER: The person or persons who are the record owners of real property according to the records of the County Recorder's office. http://66.113.195.234/IA/West%2ODes°/a2OMoines/06004000000001000.htm 07/19/20 4-4-1: DEFINITIONS: 'Page 2 of REFUSE: Any putrescible and nonputrescible and combustible and noncombustible waste, including paper, garbage, material resulting from the handling, processing, storage, preparation, serving and consumption of food, vegetable or animal matter, offal, rubbish, plant waste such as tree trimmings or grass cuttings, ashes, incinerator residue, street cleanings, construction debris, and solid industrial an market wastes. RESPONSIBLE PARTY: Any person having possession or control of real or personal property including, without limitation, any one or more of the following: Owner Agent Assignee or collector of rents Holder of a contract or deed Mortgagee or vendee in possession Receiver or executor or trustee Lessee Other person, firm or corporation exercising apparent control over a property VEGETATION: Any plant life upon private property that is not a part of a conservation easement or that was planted for erosion control purposes and is not an agricultural crop such as gardens and typical cropland production. WEATHER RESISTANT SURFACE: Existing gravel or rock surfaces, concrete and asphalt. (Ord. 1009, 6-22-92) http://66.113.195.234/IA/West%2ODes%2OMoines/06004000000001000.htm 07/19/20 4'4-2""NUISANCES DECLARED: 4-4-2: NUISANCES DECLARED: Whatever is injurious to the senses, or an obstruction to the free use of property, so as essentially to interfere with the cornfortable enjoyment of life or property, is a nuisance. Nuisances shall include, but not be limited to, those activities and items hereafter set forth in this Section: A. Weeds: Weeds or vegetation allowed to grow to a height greater than twelve inches (12") on the average, or any accumulation of dead weeds, grass, brush or trees on any occupied or unoccupie lot or land. B. Rubbish, Trash: Accumulation of rubbish, trash, refuse, junk and other salvage materials, such as metals and lumber that are allowed to accumulate to the prejudice of others or any material havin lost its value for-the original purpose for which it was created or manufactured. C. Debris on Right of Way: Mud, dirt, gravel or other debris deposited upon the public right of way. D. Dilapidated Buildings: Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof or any building or structure defined as a dangerous building in the Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition, as adopted by the City. E. Abandoned Buildings: Abandoned buildings or other structures. F. Inoperable/Obsolete Vehicles: The storage, parking, leaving or permitting the storage, parking or leaving of an inoperable/obsolete vehicle upon private property within the City. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held i connection with a junkyard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws. G. Vehicles Parked in Front Yards: Vehicles parked on a nonweather resistant surface in a front yard. Note: the weather resistant surfaces shall not exceed thirty percent (30%) of the front yard area. H. Fences: Fences that are not in a structurally sound condition. I. Vermin Harborage: Conditions which are conducive to the harborage or breeding of vermin. J. Sanitary Sewer Facilities: Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cesspools and drain fields, which have failed or do not functio properly or which are overflowing, leaking or emanating odors. Septic tanks, cisterns and cesspoo which are abandoned or no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool or septic tank which does not comply with the Polk County or Dallas County Department of Health regulations. K. Overland Flowage Easements and Storm Water Flowage Easements: No alteration or modification shall be made nor any obstructions placed in the overland flowage easement or storm flowage easement which prevents, obstructs or impedes the overland water flow or surface water flow fro adjacent lands entering or draining into and through the easement without first obtaining the expressed written consent of the City. http://66.113.195.234/IA/West%20Des%20Moines/06004000000002000.htm 07/19/20 AW00 4-4-2: NUISANCES DECLARED: L. Other Nuisances: Any nuisance described as such by chapter 657 of the Code of Iowa. (Ord. 1009, 6-22-92) M. Waste Disposal: The placing in a compost pile, yard or garden, the burying or the burning of rubbish, trash, refuse, junk, used construction materials or unprocessed animal waste, or any othe inappropriate items which are generally offensive to the senses of the general public. (Ord. 1052, 14-93) 4-4-3: NUISANCES PROHIBITED; AUTHORITY TO ABATE: 4-4-3: NUISANCES PROHIBITED; AUTHORITY TO ABATE: A. The creation or maintenance of a nuisance is unlawful and prohibited and shall constitute a Municipal infraction except as set forth under subsection 4-4-21- of this Chapter. B. The Code Enforcement Officer is authorized to abate nuisances in accordance with the procedures set forth in this Chapter. Nuisances may be abated by either the administrative abatement proces or the Municipal infraction process, as hereinafter provided. (Ord. 1009, 6-22-92) 4-4-4: NOTICE TO ABATE; SERVICES: 4-4-4: NOTICE TO ABATE; SERVICES: A. The City Manager, or any enforcement officer designated by the City Manager, is hereby authorize to serve upon the owner or responsible party of the property upon which the nuisances is being maintained, or upon the person or persons causing or maintaining the nuisance, a written notice t abate as prescribed below. B. When services of a notice to abate is required, the following methods of service shall be deemed adequate: 1. By personal service upon the owner and/or responsible party of the property upon which the nuisance exists. 2. If, after reasonable effort, personal service cannot be made, any two (2) of the following method of service shall be considered adequate: a) sending the notice by certified mail, return receipt requested, to the last known address; b) publishing the notice once a week for two (2) consecutive weeks in a newspaper of general circulation in the City; or c) by posting the notice in a conspicuou place on the property or building deemed as nuisance. (Ord. 1009, 6-22-92)