HomeMy WebLinkAboutA001 - Council Action Form dated July 18, 2023 ITEM #_16
DATE: 07-18-23
DEPT: FIRE
COUNCIL ACTION FORM
SUBJECT: PROPERTY MAINTENANCE CODE ADOPTION
BACKGROUND:
In Summer 2020, staff had several code enforcement cases that they were struggling to
achieve compliance with, which resulted in several complaints from neighbors to the
Council. At the City Council meeting on August 25, 2020, Council requested a
memo from staff regarding recommendations for potential additions or changes
to the Property Maintenance Code that would provide staff with additional
enforcement tools.
Staff reviewed the Municipal Code and found that sections enforced by the Community
Codes Liaison (CCL) spanned nine different chapters within the Code, resulting in
contradictions as well as inconsistent language and enforcement processes. Additionally,
staff reviewed ordinances from numerous other jurisdictions and found that most had one
comprehensive property maintenance code that encompassed many of Ames' existing
codes and provided swift and effective compliance techniques.
On May 25, 2021, Staff presented the Council with a very rough draft of a proposed
property maintenance ordinance ( ) that consolidated current code requirements,
added a few new sections based on previous complaints, added additional enforcement
tools, and added an appeal process. Council requested that a workshop be scheduled to
receive public input and that a website be established to gather input from those unable
to attend a workshop.
A press release was issued after the Council meeting notifying residents of the workshop
on June 15, 2021 (Staff Report), and providing a link to an online survey regarding the
proposed ordinance. This information was also emailed to neighborhood associations
and other interested parties (landlords, realtors, etc.) for their input. The workshop and
survey results provided an abundance of input from the community (20 citizens spoke at
the workshop and about 250 provided survey responses). Council decided to work with
staff to set another workshop or place items by category on a future agenda for
discussion.
Staff compiled and studied the survey responses and public input. The findings were
incorporated into a second draft of the ordinance. These findings were presented to
Council at the workshop on June 20, 2023. Council reviewed 19 different code items and
made motions regarding whether to include each item in a draft ordinance.
1
The draft ordinance was presented to Council at the June 27 meeting. There was no
public input received when the item was opened for public comment. Council moved to
place the item on the July 18 meeting agenda for first reading. Attachment A highlights
current code language from the Ames Municipal Code in yellow. Newly proposed
language is highlighted in blue.
ALTERNATIVES:
1. Hold the public hearing to receive citizen input regarding the attached property
maintenance code ordinance, and then approve the attached ordinance on first
reading.
2. Open the public hearing and receive citizen input regarding the attached property
maintenance code ordinance, and then continue the hearing until the August 8t"
Council meeting when additional public input will be allowed. After the public input
is completed at this second meeting, the City Council then will approve on first
reading a new property maintenance code ordinance as proposed by the staff, or
with any modifications desired by the City Council.
3. Direct staff to revise the proposed maintenance code, but do not set a date for first
reading of an ordinance at this time.
4. Decide not to make any changes at this time to the existing Municipal Code
regarding property maintenance issues.
CITY MANAGER'S RECOMMENDED ACTION:
Staff has worked diligently to incorporate the abundance of citizen feedback into a
code that balances the needs of the community. Staff recognizes that it is important
to protect the freedoms of property owners while also protecting the neighboring
property owners. Therefore, the approach taken by staff in preparing these
regulations is not to burden property owners with extraordinary obligations, but
rather to establish basic minimum standards that can be met with modest efforts
on the part of property owners.
The proposed ordinance will provide additional guidance regarding the minimum
standards for exterior property maintenance. In addition, this guidance should be easier
to identify and understand in one consolidated location. The proposed changes also
provide City staff with the necessary tools to more effectively enforce these issues and
obtain compliance when a property falls into disrepair or when unsafe conditions exist.
If the City Council believes that sufficient time has passed to allow for citizen
feedback, then it is the recommendation of the City Manager that the City Council
adopt Alternative #1, as described above. However, if the City Council would prefer
to allow for additional time for public input prior to making a final decision
regarding the proposed ordinance, then Alternative #2 should be approved.
2
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY REPEALING AND REPLACING
CHAPTER 30, AMENDING SECTION 13.406(11), AND
REPEALING SECTIONS 5.901, 11.8, 17.12, AND 17.34
THEREOF, FOR THE PURPOSE OF ESTABLISHING
MINIMUM PROPERTY STANDARDS; REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing
and replacing Chapter 30, amending section 13.406(11), and repealing sections 5.901, 11.8, 17.12, and 17.34, as
follows:
"CHAPTER 30 PUBLIC NUISANCES
30.1.Purpose.
The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames and to
preserve the value of property owned by theses citizens by establishing minimum property maintenance standards;to
provide for the removal of nuisances as defined in this chapter; and for the enforcement and penalties for violation
hereof.
30.2 Scope.
The provisions of this chapter shall apply to all properties within the City of Ames and constitute minimum
requirements and standards for premises,structures,and vehicles.
Sec.30.3.Public nuisances prohibited; authority to abate.
The creation or maintenance of a nuisance on any_property in the City of Ames is unlawful and is prohibited.The City
Manager or Manager's designee is authorized to abate nuisances either by issuance of a municipal infraction
punishable by penalty of$500 for a person's first violation thereof,and a penalty of$750 for each repeat violation
and/or by administrative abatement procedures set forth in this article,or a combination thereof.
Sec.30.4.Definitions.
For the purposes of this chapter,the following words,terms and phrases shall have the meanings set forth herein:
Garbage. Every waste accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the
preparation,use,cooking,dealing in or storing of meat,fish,fowl,fruit or vegetables,and including tin cans or similar
food containers.Dead animals are not included in the term garbage.
Graffiti. Any marking, inscription, drawing, picture, letter, number, symbol or other defacement or other written
communication, etched, scratched, or made with spray paint,paint, ink, chalk, dye, or similar substances, or in any
manner,on any public or private property,including,but not limited to, streets, sidewalks,buildings,walls,bridges
fences,or other structures which was made without the consent of the property owner.
Hazardous Waste.Any substance as defined in section 455B.411(3)(a),the rules of the Iowa Department of Natural
Resources.
Inoperable.Not capable of being used or operated as a motor vehicle.
Junk. Items including, but not limited to, building materials not part of an active building_project authorized by a
current city building permit, vehicle parts, miscellaneous steel, plastic, rubber or metal parts, tires, packing boxes,
wooden pallets,discarded lumber(not including neatly stacked and cut fire wood),plastic tarps,or any other discarded
or miscellaneous item or items.
Junked Vehicle. Any vehicle, trailer or semitrailer which because of any one of the following characteristics,
constitutes a threat to the public health,welfare and/or safety:
(a) That has been rendered inoperable because of a missing or broken windshield or window glass,fender,door,
bumper, hood, steering wheel, driver's seat, trunk, fuel tank, two or more wheels, engine, drive shaft,
differential,battery, generator or alternator or other component part of an electrical system, any component
or structural part,or lack of current registration;
(b) That has become the habitat of rats,mice,snakes or any other vermin or insects;
(c) That is being used for storage purposes
(d) That its condition constitutes a threat to the public health or safety of the public-
(e) That contains gasoline or any flammable fuel and is inoperable.
Noxious Substances. Substances, solid or fluid, which are offensive, detrimental to health, hurtful or dangerous
including any dead animal portion thereof,together with human or animal excrement.
Noxious Weeds.Primary and secondary classes of weeds as defined by Iowa Code Section 317.1A.
Outdoor Area.All exterior areas of a property,including porches,partially enclosed sheds,lean-tos or other structures
not totally enclosed by structural walls,roof and properly functioning doors.A porch is not considered to be an outdoor
area if it is completely enclosed by fully intact glass or fully intact screens.
Refuse.All other miscellaneous waste materials except"yard waste"not specifically defined as garbage.
Semitrailer.Every vehicle without motive power designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another
vehicle.
Sidewalk.A hard surface of any width designated for non-motorized travel
Stagnant Water. Standing water that is trapped and does not circulate, excluding bird baths, koi ponds, landscape
water features,and approved stormwater retention areas.
Trailer. Every vehicle without motive power designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Trash Disposal Container.A closed,water-tight,hard receptacle that cannot be ripped open by animals.Containers
that shed rain when their lids are completely closed shall satisfy the requirement for a water-tight receptacle.
Turf Grasses.Narrow-leaved grass species that form a uniform,long-lived ground cover that can tolerate traffic and
mowing heights of two inches or below.
Vehicle.An automobile, truck, motorcycle, or other trackless self-propelled vehicle designed primarily to transport
persons or property over public streets and highways.
Weed. A plant that is not intentionally planted and is usually of vigorous growth. It may cause economic loss to
neighboring properties.
Weed Official.Person designated by the Ci. Manager to enforce noxious weeds.
Yard Waste.Debris such as grass clippings,leaves, garden waste,brush and trees.It does not include tree stumps.
Sec.30.5.Nuisance defined; certain acts,conditions declared as nuisances.
Whatever is injurious to the senses or an obstruction to the free use of property so as essentially to interfere with the
comfortable enjoyment of life or property by the public or community shall be deemed a nuisance. Nuisances shall
include,but shall not be limited to,the following:
(1) The use of any building or other place for the exercise of any trade, employment or manufacture 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.
(2) Refuse,garbage,or junk that is not contained in a trash disposal container,noxious substances;or hazardous
wastes remainingin n any outdoor place for more than 72 hours.
(3) Yard Waste stored on the exterior of a property in anything other than a trash disposal container for longer
than seven days. Yard waste may be retained for longer than seven days if composting is being completed.
Composting shall comply with the state regulations contained in Chapter 105 of the Iowa Administrative
Code.
(a) Composting piles may include:yard waste including leaves,grass clippings,straw and hay,sawdust,and
finely chopped shredded tree and shrub prunings;kitchen scraps including fruit and vegetable trimmings
(including rhubarb leaves),coffee grounds, and eggshells; shredded newspapers;wood ashes(no more
than one cup per bushel of compost).
(b) Composting piles cannot include: human or animal feces; diseased plant material or weeds that have
gone to seed;kitchen scraps that include animal meat,bones or fat; and all other materials not listed in
subsection(a above.
(4) Stagnant water on anyproperty for more than 48 hours,including anyopen container or material kept in such
a condition that water can accumulate and stagnate therein,creating a breeding_ground or habitat for insects
or rodents.
(5) The obstructing or encumbering,by fences,buildings,structures,signs or otherwise,of the public streets and
rights-of-ways.
(6) Snow,ice,mud, gravel, grass clippings,leaves or other accumulations remaining on a sidewalk Ionizer than
10 daylight hours after the cessation of the storm or cause of the accumulation.
(7) Depositing ice or snow from private property, sidewalks, or driveways onto the traveled waypublic
street after the street has been cleared so as to obstruct gutters or impede the passage of vehicles upon the
street or alley or to create a hazardous condition therein.
(8) Vegetation located in the City right-of-way exceeding 12 inches in height within one foot of the traveled
portion of the street. Streets designated as no parking may have vegetation exceeding 12 inches in height
within one foot of the traveled portion of the street. Plantings that cause safety issues would be subject to
removal,regardless of height, at the City's discretion.Non-vegetative materials such as trellises or chicken
wire are prohibited in the right-of-way.Excgptions:those areas approved by the City as stormwater or native
vegetation preservation areas.
(9) Vegetation located on private property hanging over public streets with less than 16 feet of clearance above
the public street or vegetation located on private property that hangs over or into public sidewalks with less
than 10 feet of clearance above the sidewalk.
(10)Vines,brush or other vegetation,including dead bushes,dead woody plants,overgrown or unkempt bushes,
that restrict egress from or ingress to a buildingthrough hrough doors or below grade egress windows.
(11)Turf grasses exceeding 12 inches in height.
(12)Trees in such a state of deterioration, as determined by the City Forester,that any part of such tree presents
an immediate threat to the safety of persons or property in the right-of-way.
(13)Weeds over 12 inches tall and any noxious weeds.
(14)Any excavation,hole,or other depression in the ground in or on any lot or parcel of land in the city of a depth
of more than three feet below the surrounding grade,other than as part of the active construction of a building
or other structure on the lot which will ultimately close in and completely cover such excavation, hole or
depression.Upon a finding by the enforcement officer that the owner of the lot or parcel of land has violated
the provisions of this subsection, the lot owner shall be required to fill in any such excavation, hole or
depression and grade the same to a topographic elevation equal to or level with the surrounding adjacent
grade. Exceptions: egress window wells, fire pits, or excavations completely secured by a fence or similar
method.
(15)Upholstered or finished furniture intended for indoor usage such as couches,beds,mattresses,desks,chairs,
shelving or wooden tables, other household furnishin sg or equipment including carpeting, appliances and
other typical household items intended for indoor usage,placed or used outdoors.
(16)Unoccupied buildings or unoccupied portions of buildings which are unsecured. Accessory structures on
properties where the primary structure is occupied are not considered unoccupied buildings.
(17)Any structure, including detached accessory structures, on any commercial, residential, agricultural or
industrial property that is not free from significant structural defects. The term "free from significant
structural defect"means:
(a) The roof and roofing material are of such a nature and condition that they do not permit water,snow or
ice to penetrate the structure. Roofing materials shall be in good condition and made up of consistent
materials and consistent coloration throughout the roof area.
(b) Drainage gutters and downspouts, if present, are securely attached to the structure and in proper
functioning order.
(c) All exterior trim and exterior exposed surfaces,includingsiding iding materials,are sound,in good condition
and securely attached to the structure.
(d) Exterior walls are free of holes and made of a consistent material,such that patches or repairs consisting
of dissimilar materials or colors compared to the prevailing surface material of the exterior walls are not
present.
(e) The foundation of the structure is sound,capable of supporting the structure and not deteriorated to the
point that failure is judged to be inevitable,but not necessarily imminent.The foundation shall be plumb
and free from cracks,breaks and holes to prevent the entry of animals.
(f) Windows and doors are intact, containing no holes, squarely g with properly operating latches or
locks to be securely closed, and where the windows have intact,glass or normal window material that
allows the entry of light with no holes in said window surface areas. No plastic wrap material, tarps,
plywood,or similar temporary materials shall be used to substitute for doorways or windows.
(g) All exterior components serving doors and windows,including,but not limited to,steps,porches,ramps,
landings,handrails,and guardrails are of a secure and safe design,be made of standard building materials
and be intact,with no protruding or loose boards or surface materials causing a hazard.
(h) Exterior wall surfaces are properly painted and/or maintained with appropriate exterior wall materials,
including wood,vinyl,steel or metal siding materials,stucco or exterior insulation finish systemEIFS)
materials, brick or similar masonry materials, that are in all cases intact, not in a condition of
deterioration, are of uniform coloration and are not patched with dissimilar materials. Plastic wrap
material shall not be considered an acceptable siding material.No flakingor r chipped paint or outer loose
material dominates or detracts from the exterior appearance of the structure.
(i) All fencing,including gates,are in good condition,free from damage,breaks,holes or missing structural
members so as not to create a hazard for adjacent properties.All fencing shall be of consistent materials
and coloration.
(j) All exterior wires on the exterior of the structure are fastened to the structure
(18)Graffiti which is visible to the public view and has not been removed within seven(7) dqys of notification
by the enforcement officer.
(19)Conditions that create a fire hazard, as determined by the Fire Chief or the Fire Chief s designee, or are in
violation of Ames Municipal Code Chapter 8 Fire Code.
(20)Luminaires not in compliance with Ames Municipal Code Sec. 29.411 Outdoor Lighting Code.
(21)Junked vehicles stored outdoors on private property for more than 48 hours.
Exceptions:
(a) Junked vehicles stored within a garage or other enclosed structure or which are kept concealed and
enclosed behind an opaque wall at least six feet in height,or completely covered by a tight-fitting opaque
cloth vehicle cover or tight-fitting cloth tarpaulin
(b) Junked vehicles stored upon the premises of a duly authorized salvage yard or junk yard and meeting the
requirements of the Ames Municipal Code.
(22)Travel trailers,recreational vehicles,boats,boat trailers and trailers parked in the front yard.Parking of travel
trailers, recreational vehicles, boats, boat trailers and trailers is permitted behind the front yard so long as
they are not being used for habitation or business purposes and they are parked on an approved parking
surface.
(23)Obstructions in the visibility triangle not incompliance with Ames Municipal Code Sec.29.408(5)Visibility
at Intersections.
Sec.30.6.Responsibility for abatement; abatement defined.
(1) The owner, agent, lessee, occupant or other person in chargey building or premises where any of the
actions forbidden by this chapter exist, or whence any of such actions have originated, or any person
responsible for the existence, origin or continuance of any of such actions, shall correct, remove or abate
such action without delay.
(2) Abatement may include, but not be limited to, repair, removal, cleaning, exterminating cutting, mowing,
grading, draining, securing, repairing a building or structure, barricading or fencing, removing dangerous
portions of buildings or structures,and demolition of dangerous structures or abandoned buildings.
Sec.30.7.Abatement by city after notice;procedure;payment of costs.
(1) In case of the failure of any_person to correct, remove or abate a nuisance on written notice issued by the
enforcement officer,served in the manner of an original notice,or by certified mail to the last known address
of the owner,agent,lessee,occupant or other person in charge of the building or premises where the nuisance
exists, and designating the time allowed for such removal, correction or abatement, the time thus allowed
depending on the urgency of the case,then and at once upon such failure the enforcement officer shall have
the recourse to the remedies provided by law to secure entry and cause the nuisance to be removed,corrected
or abated.
(2) Emergency abatement procedure. When the enforcement officer determines that a nuisance exists on a
property and constitutes an imminent and compelling danger to health, safety, or welfare of persons or
property,the enforcement officer is authorized to abate or have abated the nuisance without prior notice and
opportunity of hearing.A notice of costs of abatement will be sent to the property owner within 14 days of
the abatement procedure. The cost of any such emergency abatement procedure may be assessed against the
property for collection in the same manner as property taxes as set forth in State Code Section 364.12(3)(h).
(3) Costs of abatement. Abatement costs shall include, but shall not be limited to, the cost of removing or
eliminating the nuisance,the cost of investigation, such as title searches,inspection and testing,the costs of
notification, filing costs and other related administrative costs and any other costs or expenses incurred by
the city in the abatement of the nuisance.
Sec.30.8.Means of Appeal.
(1) Application for Appeal.
Any person ordered to abate a nuisance as provided in Section 30.6 may have a hearing before the Public
Nuisance Appeals Board to determine if a nuisance exists.A request for a hearing must be made in writing
and delivered to the Building Official on or before the date stated in the notice of abatement issued by the
City,or it shall be conclusively presumed that a nuisance exists and that it must be abated as ordered.In the
case of emergency abatement,a hearing may be requested within 14 days of the mailing date of the notice of
costs of abatement.
Within 14 days after the conclusion of the hearing,the Board Chairperson shall render a written decision as
to whether a nuisance exists. If it is found by the Board that a nuisance exists,it shall include in the written
decision what steps must be taken to abate the nuisance and the time within which such steps must be taken.
(2) Appointment and Membership of the Board.
(a) The Public Nuisance Appeals Board shall consist of seven members who represent the citizens of the
City of Ames and who are not employees of the City of Ames. The Board shall be appointed and shall
serve terms in accordance with established procedures.
(b) Board members shall be appointed by the Mayor with approval of the City Council.The term of office
shall be for three (3)years, except for the terms of office for the Board when initially established. For
the Board when initially established,the Mayor may prescribe a shorter than a full term of appointment
in order to stagger terms. No member who has served two (2) full consecutive terms is eligible for
reappointment.
(c) Membership shall consist of seven(7)members,one from each of the four(4)wards,and three(3)from
the City at large.
(3) Chairperson.
The Board shall annually select one of its members to serve as Chairperson. The Board shall also select one
of its members to serve as Vice Chairperson to act as Chairperson in the absence of the Chairperson.
(4) Disqualification of Member.
A member shall not hear an appeal in which that member or an immediate family member has a personal,
professional or financial interest.
(5) Secretary.
The Building Official shall designate a qualified person to serve as Secretary to the Board. The Secretary
shall file a detailed record of all proceedings with the City Clerk's Office.
(6) Compensation of Members.
Members shall receive no compensation.
(7) Meeting of the Board.
The Board shall meet upon notice from the Building Official within 20 days of the filing of an appeal, or at
stated periodic meetings.An appellant may waive a timely hearing by filing a written waiver explaining the
cause for seeking a delay.
(8) Procedure.
The Board shall adopt and make available to the public,procedures under which hearings will be conducted.
(9) Board Decision.
The Board has authority to affirm or reverse the decision of the Enforcement Officer or to grant additional
time for abatement.
(10)Stay of Enforcement.
Appeals of a notice and order(other than an Imminent Danger notice,)shall stay the enforcement of the notice
and order until the appeal is heard by the Board.
(11)Filing Fees.
Property owners are entitled to file one appeal per nuisance violation,at no fee. Subsequent appeals shall be
assessed the same cost as listed in Appendix L of the Ames Municipal Code for appeals to the Housing Code
Board of Appeals.
VEHICLES,TRAILERS AND SEMITRAILERS;
AND OUTDOOR STORAGE OF
A40TOR VEHICLES
See 30.1.PURPOSE OF CHAPTER.
PTTi D
See 381 DEFINITIONS.
For the pufposes of this ehapter-,the follewing >tefms and phrases shall have the meanings set fofthi
reef and having exter-ior walls of the stnaeture er-pef4ion ther-eef eenstmeted in sueh a fmannef s*-A- ohbse'14-ee
(2) "Aaaked" means atty vehiele, trailer of sefnitfailer-stored fef 48 hours within the eofper-ate limits of Ames,
.,threat to the public health,welfare,and/or safety;
(a) Any vehicle, trailer-, or semitrailer- which is rendered inoperable beeause of a missing or broke
windshield er window glass, fender-, door-,bumper,hood, steering w-heel,driver's seat,tmnk,fuel tank,
twe er-more wheels,engine,drive shaft,differential,battery,generator-or altemater or other eomponen4
part ef an electrical system,or any eomponent or stmetffal part;
(b) Any vehiele,trailer or semitrailer which has beeome the habitat ef rats,mice,snakes or any other vermin
�t�
vi inscccr
(e) Any vehiele,t+ailer-or semitrailer which contains stored gasoline or-other-fuel,paper, cardboard, woo
.thee-a ,f.1.. stible materials, ,.,-1,age refuse, solid waste, debris,ris „t.. .
harborage,
ef any kind;
way constiWtes a threat to the pOlie health or safiavy of the citizens of Ames,cage or-dwelling for animal
(f) Any vehicle which contains gasoline or any flammable fuel and is inoperable.
n n
health,means whatever-is injtffiotis to indecent, e
or an obstmetion
the free use of property,so as essentially to interfere with the eomfortable enjoyment of life or property.
(4) "Inoperable"means ot capable of being used or-operated,
(5) "Stored"means a vehiele,tFailer-or-semitrailer left upon pr-ivate pr-epeFty for 4 9 hotws.
(6) "Sem4ailer-2 means evei-j,vehiele without motive power-designed for-eaffying per-sons or-pr-opet4y a-ad fef
being drawn by a motor-vehiele and so constrtieted 4tat seme paA of its weight a-ad that ef its lead rests upe
or is owl by another-vehicle,
dra-,%%by a motor-vehiele and so eansti%eted that no pai4 ef 4s weight rests upoff the tewifig vehiele.
(8) "Vehicle" means an au4omobile, tmek, motor-cycle, or other trackless self propelled vehicle designed
primarily to transport per-sons or property over public streets and highways,
See.30.3.STORAGE OF jUNKED VEHICLES,TRAILERS OR(7) "Trailer-"means evetzyvehiclo without motive power designed for-eaFFying persons or prepefty and for beiffg
corporate limits of Ames,lowa,for 4 8 hours,is tmiawful tiniess exempt by Section 30.9 of this chapter-,and constiwt
it is hereby declared that the storage of any junked vehicles, trailers or semitfailers on private property within the
30.4.LIABILITY FOR VIOLATION.
TION
The registered oA%ef of any vehiele,tfailer-ar-semit+ailef shall be pr-ima f4eie liable for-a-ay violations of this ehapt
violation.vehicle,trailer or semitfailer-is stored shall be prima facie liable for the
See.30.55.NOT-ICE OF VIOLATION.
Upon discovery of any jtniked vehicle,trailer,or semitrailer stored upon private property within the eor-por-ate li
of the city,the city manager-or designee shall:
Cause vffitten notiee to be sent by certified mail to the last known registered owner of the vehiele,trailer-or
(2) Cause wr-44en notiee to be affixed to the >I+ailer-or- o e
(3) The notiee shall e o
SEMITRAILERS.thevehicle,trailer or semitrailer or other-wise oomply with the provisions of Chapter 30 of the Mtmicipal
Code of the City of Ames,lowa,within ten(10)days of notifleation,or saidvehicle,tfailer-or semitraile-r-
may be towed,,
(d) Any per-son holding an owner-ship interest in this pr-opet4y may file a written fe"est�qf a heafing before-
the ei4y fnanagef E)r-designee within ten (10) days of the da4e of this notiee. See. 30.6. PROCEDURE
FOR 14EARP�G. The hearing shall be held as seen as praetieable af4ef the filing of the request and th
pefsons to whofn notiees are dir-eeted shall be advised of the fifne and plaee of said hearing a4 least tbfee
days in advanee thereof.At any such hearing,the eivy manager or designee and the per-sons to whom t
notices have been directed may introduce such witnesses and evidenee as either party deems neoessal�',.
if the existenee of the violation is affirmed by the city manager or designee,the parties adversely affeeted
by this hearing shall have no longer than seven days from the date of final order to eomply with said
See.30.7.REMOVAL OR REPAIR OF VEHICLES,TRAILERS OR
semitfailer is star-ed, shall,within ten(10)days following the eff-eetive da4e of notiee from the eity manage
or-designee,femove the vehiele,trailer-of semitfailer-to an atito salvage yafd,junk yafd or-demolisher-dul
provisions of this chapter-,or to other-wise eomply with this chapter.
(2) if the owner of record of a junked vehiele, trailer- or semitrailer-, or in the absenee of any knovm or
aseertainable owner-,the owner of the property on whieh said vehiele,trailer or semitrailer is stored,fails to
eomply with the terms of this seetion, the eity manager or designee may deelare the vehiele, trailer- o
semitrailer to be junked and shall direet the removal of said vehiele,trailer or absenee of any known or-aseet4ainable aNN%er,the owner of the pfopefty upon whieh said vehiele,trailer a
the eioy pursuant to this ehapter- shall be impatmded tiatil lawfully elaimed and all towing, storage an
admiaistfmive fees paid or shall be disposed of ptir-stiaf4 to the pr-evisions of Seetion 321.89 and 321.90 of
the 1993 Code of lewa.
See 34.8 PENALTIES FOR OFFENSES NS C PERTAINING A 7NTNG TO jUNKED VEHICLES AND OUT71OO
Vehicles,STORAGE OF MOTOR VEHICLES.
A violation of any provision of Chapter 30, Junked Vehieles, Trailers, and Semi traflers; and OuMoor- Storage o
Motor shall be a al infraction nishable of$500 for a er-son's first violation ,
and a penalty of$750 for eaeh repeat violation.
See.30.9.L`NEMPTIONc
height,The provisions of this ehapter-shall not apply to:
(1) Vehieles, tFailer-s or- semitrailers stafed within a gafage or- other- enelosed structure or which are icep
eafteealed and enelosed behind an epa"e wall a4 least six feet in or completely covered by a ti&
F:t ing opaque 0 eleth yehiel„ tight fitting„lath t.,,-....,,1:«•
(2) Vehieles,trailers or-semitfailer-s stefedupen the premises of a duly authorized salvage yaf-El or-junk yard and
meeting the reqttir-emen4 of the Ames Municipal Code.
See.30.10.OUT-DOOR STORAGE OF MOTOR VEHICLES.
in as mch as it is found that the storage of motor vehicles, w-hieh are not deemed to be junked, out of doors ean
detract from the benefieial use and enjoyment of neighboring properties,certain special reg-alations are established as
follows:
(1) No per-son shall keep, store or- display one or- more motor- veliieles out of deer-s on pr-opei4y zoned fe
residential tise, or-peEmit the. I i — , 'doefs of a motor-vehiele an residentially zoned pr-opet4y ti
their- owner-sh'. eentFal fer more 4mn f4fteen (15) days without movement and tise of sai
ehi to., .,t:«.. :,.lo
(3) The provision of s4seetion(2)notwithstanding the keeping,par-king or storage,out of doors,of any wreeke
or demolished motor vehiele, or motor vehicle stfipped for pal4s, at the s illy zoned site
mofe than one hundred eighty days is prohibited.
(4) The following shall be exempt ffoffi the feg-alations of this seetion:
(a) vehieles kept in a gafage or other-enelased sWaetufe of whieh are kept concealed a-ad enelosed behin
an epa"e wall a4 least six feet in height, or eampletely eover-ed by a tight fitting apawe 610th Vehi
eaver or ti..l.t fitting elatl.t.,,-p.,,,1;a
(b) vehieles kept in eammefeial a-utemebile salvage 5,afds la-wftd�,established a-ad existing prief te Jantht+y
"motor home",pickup traek with eamper top, , ,
(d) a motor vehicle etiffenfly heensed for operation on the public highways and lawfully parked off th-e
streets while the ovmer or other per-son in lawful possession and contfol thereof-,if a residen4 of this which is eurrently heensed for operation on the public highways.
is out of the eity for more than fifteen(15)days but not more than one hundred eigh-ty day&
See.30.11.S V> D A BI IT-V
if wiy seetie ,� . . I r-part of this chapter shall be adjudged invalid or-uaeeas4H4ieaa1, sueh adjudiemien sha44
net affeet the valid4y of the chapter as a whole, or any seetien, pr-evision or pat4 thereof not adjudged invalid of
Sec. 13.406.EXTERIOR PROPERTY AREAS
(11)Motor vehicles.
Motor vehicles must be parked,stored,and maintained in accord with Ames City e Ames Municipal Code Chapter
30 Public Nuisances 31, rw Ee Vehicles Ou4d er St,.,ag-e
DIVISION 1X Noxious Weeds
See 901 WEED ORDINANCE.
(a) Noxious Weeds:Primary and secondary classes of weeds as defined by lowa Code Section 317.
(b) Weed Official:Person designated by the eity manager to enforce this section.
(1) Words and Terms Defined
Penalty
(a) it shall be a p Iblie, nuis.-neeee for any owner-or-per-son in th eentfol of any land to allow
veds to grow thereon.
(b) Duty To Cut Noxious Weeds:Eaeh ownef and each pefson in the possession or-eontrol of any land shall
eu4 er-othef�A4se destfoy,in wha4ever-fnannef-prescribed by the weed offieial,all noxieus weeds thereon
and shall keep said lands Coo of s,,,.1 gF ,.tl,
(e) laterfefenee With Weed Offieial� No -per-so-n-s- sh-All interfere with the weed offieial or- a*y appointed
assistant,,.l.;le engaged in the enf ,.ement of this,.L.apter.
Any per-son who abandons or other-wise leaves unattended any refrigerator-, icebox, washing machine,See. 11.8.OUTDOOR STORAGE OF HOUSEHOLD APPLLk-NCES AND FIXTURES.
kitchen range, clothes dryer, freezer-, commode, ttrinal, bathroom sink, kitchen sink, or other large household
applianee,bathroom fixture,kitehen fixtffe,or similar eontainer,outside of buildings,or any per-son who allows such
sink,k4ehen sink,bathroom fixture,kitehen fixtur-e,or-other-large household applia-nee,er-similar eontaifler,to F-efflain
eutside of buildings or-premises in the persen's possession or-eot+4ol,abandoned or tmat4ended,eo s A-vi A-I mi AS a
e f thisetio
vir
and accessible to children, or any per-son who allows any such refrigerator-, ice box, or similar eontainer, to remain
outside of buildings on premises in the person's possession or eontfol, abandoned or unattended and so accessible to
eaeh m, ola4:
See. 1:7 3 4.RESIDENTIAL r nn OPE rry r r n NT-E r n NGE REGULATIONS
rr n�S
(1) Sta-adafds: it shall be a violation of this seetien fer-any laadeA%er-or-per-son leasing, oeetipying or-ha-ving
cent-rol of any real property used for residential piir-poses,to keep,maintain,deposit or perform or permit on
such property the outdoor use, ou4door- storage or ou4door-plaeement of household appliffine-es, house�
fumiwre, or household furnishings, unless such items are designed for outdoor use and are used on the
premises for pwTeses of the household. The term"outdoor" includes a perch. However,the use, storage-or
placement of household applianees,household fumiture or household ftimishings on a poreh is not prohibited
if the porch is eompletely enelosed by fully intaet glass or fully intaet sereens. A poreh is a pla&rm
afe ffamed wir-e mesh er-ffamed plastie mesh used to keep out inseets a-Ed peFmit air-
(2) Costs of Abmemeat� Purstia-at te subseetien 364.22(9)Gode of lowa,when judgment has been entered for a
violmion of this seetion, a eeui4 order-shall be sought to au4hor-ize the Git-y te abate or-eoFFeet the violation
and order-thm the City's eosts for- stieh abatement or- eerreetion ef the violation be entered as a per-so
judgment against the defendant, or-assessed against the prepeFty,or-bot
(3) Violation of this seetion shall be a munieipal infraetion punishable by a penalty of$50 for a per-son's first
violation,$100 for a person's second violation,and$250 for a person's third and eaeh sueeeeding violation."
Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out
in the ordinance.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such
conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this day of 12023.
Renee Hall,City Clerk John A.Haila,Mayor
KEY: YELLOW — Existing Code Language or Concepts
BLUE — New Language or Significant New Concepts
Chapter 30 - PUBLIC NUISANCES
30.1. Purpose.
The purpose of this chapter is to protect the health, welfare and safety of the citizens of
the City of Ames and to preserve the value of property owned by theses citizens by
establishing minimum property maintenance standards; to provide for the removal of
nuisances as defined in this chapter; and for the enforcement and penalties for violation
hereof.
30.2 Scope.
The provisions of this chapter shall apply to all properties within the City of Ames and
constitute minimum requirements and standards for premises, structures, and vehicles.
Sec. 30.3. - Public nuisances prohibited; authority to abate.
The creation or maintenance of a nuisance on any property in the City of Ames is
unlawful and is prohibited. The City Manager or Manager's designee is authorized to
abate nuisances either by issuance of a municipal infraction punishable by a penalty of
$500 for a person's first violation thereof, and a penalty of $750 for each repeat violation
or by administrative abatement procedures set forth in this article, or a combination
thereof.
Sec. 30.4 — Definitions.
Garbage. Every waste accumulation of animal, fruit or vegetable matter, liquid or
otherwise, that attends the preparation, use, cooking, dealing in or storing of
meat, fish, fowl, fruit or vegetables, and including tin cans or similar food
containers. Dead animals are not included in the term garbage.
Graffiti. Any marking, inscription, drawing, picture, letter, number, symbol or
other defacement or other written communication, etched, scratched, or made
with spray paint, paint, ink, chalk, dye, or similar substances, or in any manner,
on any public or private property, including, but not limited to, streets, sidewalks,
buildings, walls, bridges, fences, or other structures which was made without the
consent of the property owner.
Hazardous Waste. Any substance as defined in section 455B.411(3)(a), the
rules of the Iowa Department of Natural Resources.
Inoperable. Not capable of being used or operated as a motor vehicle.
Junk. Items including, but not limited to, building materials not part of an active
building project authorized by a current city building permit, vehicle parts,
miscellaneous steel, plastic, rubber or metal parts, tires, packing boxes, wooden
pallets, discarded lumber (not including neatly stacked and cut fire wood), plastic
tarps, or any other discarded or miscellaneous item or items.
Junked Vehicle. Any vehicle, trailer or semitrailer which because of any one of
the following characteristics, constitutes a threat to the public health, welfare
and/or safety:
(a) That has been rendered inoperable because of a missing or broken
windshield or window glass, fender, door, bumper, hood, steering wheel,
driver's seat, trunk, fuel tank, two or more wheels, engine, drive shaft,
differential, battery, generator or alternator or other component part of an
electrical system, any component or structural part, or lack of current
registration;
(b) That has become the habitat of rats, mice, snakes or any other vermin
or insects;
(c) That is being used for storage purposes
(d) That its condition constitutes a threat to the public health or safety of
the public;
(e) That contains gasoline or any flammable fuel and is inoperable.
Noxious Substances. Substances, solid or fluid, which are offensive,
detrimental to health, hurtful or dangerous, including any dead animal portion
thereof, together with human or animal excrement.
Noxious Weeds. Primary and secondary classes of weeds as defined by Iowa
Code Section 317.1 A.
Outdoor Area. All exterior areas of a property, including porches, partially
enclosed sheds, lean-tos or other structures not totally enclosed by structural
walls, roof and properly functioning doors. A porch is not considered to be an
outdoor area if it is completely enclosed by fully intact glass or fully intact
screens.
Refuse. All other miscellaneous waste materials except "yard waste" not
specifically defined as garbage.
Semitrailer. Every vehicle without motive power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that some
part of its weight and that of its load rests upon or is carried by another vehicle.
Stagnant Water. Standing water that is trapped and does not circulate,
excluding bird baths, koi ponds, landscape water features, and approved
stormwater retention areas.
Trailer. Every vehicle without motive power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that no part
of its weight rests upon the towing vehicle.
Trash Disposal Container. A closed, water-tight, hard receptacle that cannot be
ripped open by animals. Containers that shed rain when their lids are completely
closed shall satisfy the requirement for a water-tight receptacle.
Turf Grasses. Narrow-leaved grass species that form a uniform, long-lived
ground cover that can tolerate traffic and mowing heights of two inches or below.
Vehicle. An automobile, truck, motorcycle, or other trackless self-propelled
vehicle designed primarily to transport persons or property over public streets
and highways.
Weed. A plant that is not intentionally planted and is usually of vigorous growth. It
may cause economic loss to neighboring properties.
Weed Official. Person designated by the City Manager to enforce noxious
weeds.
Yard Waste. Debris such as grass clippings, leaves, garden waste, brush and
trees. It does not include tree stumps.
Sec. 30.5. - Nuisance defined; certain acts, conditions declared as nuisances.
Whatever is injurious to the senses or an obstruction to the free use of property so as
essentially to interfere with the comfortable enjoyment of life or property by the public or
community shall be deemed a nuisance. Nuisances shall include, but shall not be
limited to, the following:
(1) The use of any building or other place for the exercise of any trade, employment
or manufacture 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.
(2) Refuse, garbage, or junk, that is not contained in a trash disposal container:
noxious substances; or hazardous wastes remaining in any outdoor place for more
than 72 hours.
(3) Yard Waste stored on the exterior of a property in anything other than a trash
disposal container for longer than seven days. Yard waste may be retained for
longer than seven days if composting is being completed. Composting shall
comply with the state regulations contained in Chapter 105 of the Iowa
Administrative Code.
(a) Composting piles may include: yard waste including leaves, grass clippings,
straw and hay, sawdust, and finely chopped shredded tree and shrub prunings;
kitchen scraps including fruit and vegetable trimmings (including rhubarb
leaves), coffee grounds, and eggshells; shredded newspapers; wood ashes
(no more than one cup per bushel of compost).
(b) Composting piles cannot include: human or animal feces; diseased plant
material or weeds that have gone to seed; kitchen scraps that include animal
meat, bones or fat; and all other materials not listed in subsection (a) above.
(4) Stagnant water on any property for more than 48 hours, including any open
container or material kept in such a condition that water can accumulate and
stagnate therein, creating a breeding ground or habitat for insects or rodents.
(5) The obstructing or encumbering, by fences, buildings, structures, signs or
otherwise, of the public streets and rights-of-ways.
(6) Snow, ice, mud, gravel, grass clippings, leaves or other accumulations remaining
on a sidewalk longer than ten (10) daylight hours after the cessation of the storm
or cause of the accumulation.
(7) Depositing ice or snow from private property, sidewalks, or driveways onto the
traveled way of a public street after the street has been cleared so as to obstruct
gutters or impede the passage of vehicles upon the street or alley or to create a
hazardous condition therein.
(8) Vegetation located in the City right-of-way exceeding 12 inches in height within
one foot of the traveled portion of the street. Streets designated as no parking may
have vegetation exceeding 12 inches in height within one foot of the traveled
portion of the street. Plantings that cause visibility issues would be subject to
removal, regardless of height, at the City's discretion. Non-vegetative materials
such as trellises or chicken wire are prohibited in the right-of-way. Exceptions:
those areas approved by the City as stormwater or native vegetation preservation
areas.
(9) Vegetation located on private property hanging over public streets with less than
16 feet of clearance above the public street or vegetation located on private
property that hangs over or into public sidewalks with less than 10 feet of clearance
above the sidewalk.
(10) Vines, brush or other vegetation, including dead bushes, dead woody plants,
overgrown or unkempt bushes, that restrict egress from or ingress to a building
through doors or below grade egress windows.
(11) Turf grasses exceeding 12 inches in height.
(12) Trees in such a state of deterioration, as determined by the City Forester, that
any part of such tree presents an immediate threat to the safety of persons or
property in the right-of-way.
(13) Weeds over 12 inches tall and any noxious weeds.
(14) Any excavation, hole, or other depression in the ground in or on any lot or parcel
of land in the city of a depth of more than three feet below the surrounding grade,
other than as part of the active construction of a building or other structure on the
lot which will ultimately close in and completely cover such excavation, hole or
depression. Upon a finding by the enforcement officer that the owner of the lot or
parcel of land has violated the provisions of this subsection, the lot owner shall
be required to fill in any such excavation, hole or depression and grade the same
to a topographic elevation equal to or level with the surrounding adjacent grade.
Exceptions: egress window wells, fire pits, or excavations completely secured by
a fence or similar method.
(15) Upholstered or finished furniture intended for indoor usage such as couches,
beds, mattresses, desks, chairs, shelving or wooden tables, other household
furnishings or equipment including carpeting, appliances and other typical
household items intended for indoor usage, placed or used outdoors.
Unoccupied buildings or unoccupied portions of buildings which are unsecured.
Accessory structures on properties where the primary structure is occupied are not
considered unoccupied buildings.
(17) Any structure, including detached accessory structures, on any commercial,
residential, agricultural or industrial property that is not free from significant
structural defects. The term "free from significant structural defect" means:
(a) The roof and roofing material are of such a nature and condition that they do
not permit water, snow or ice to penetrate the structure. Roofing materials shall
be in good condition and made up of consistent materials and consistent
coloration throughout the roof area.
(b) Drainage gutters and downspouts, if present, are securely attached to the
structure and in proper functioning order.
(c) All exterior trim and exterior exposed surfaces, including siding materials, are
sound, in good condition and securely attached to the structure.
(d) Exterior walls are free of holes and made of a consistent material, such that
patches or repairs consisting of dissimilar materials or colors compared to the
prevailing surface material of the exterior walls are not present.
(e) The foundation of the structure is sound, capable of supporting the structure
and not deteriorated to the point that failure is judged to be inevitable, but not
necessarily imminent. The foundation shall be plumb and free from cracks,
breaks and holes to prevent the entry of animals.
(f) Windows and doors are intact, containing no holes, squarely hung with properly
operating latches or locks to be securely closed, and where the windows have
intact glass or normal window material that allows the entry of light with no
holes in said window surface areas. No plastic wrap material, tarps, plywood,
or similar temporary materials shall be used to substitute for doorways or
windows.
(g) All exterior components serving doors and windows, including, but not limited
to, steps, porches, ramps, landings, handrails, and guardrails are of a secure
and safe design, be made of standard building materials and be intact, with no
protruding or loose boards or surface materials causing a hazard.
(h) Exterior wall surfaces are properly painted and/or maintained with appropriate
exterior wall materials, including wood, vinyl, steel or metal siding materials,
stucco or exterior insulation finish system (EIFS) materials, brick or similar
masonry materials, that are in all cases intact, not in a condition of deterioration,
are of uniform coloration and are not patched with dissimilar materials. Plastic
wrap material shall not be considered an acceptable siding material. No flaking
or chipped paint or outer loose material dominates or detracts from the exterior
appearance of the structure.
(i) All fencing, including gates, are in good condition, free from damage, breaks,
holes or missing structural members so as not to create a hazard for adjacent
properties. All fencing shall be of consistent materials and coloration.
(j) All exterior wires on the exterior of the structure are fastened to the structure.
(18) Graffiti which is visible to the public view and has not been removed within seven
(7) days of notification by the enforcement officer.
(19) Conditions that create a fire hazard, as determined by the Fire Chief or the Fire
Chief's designee, or are in violation of Ames Municipal Code Chapter 8.
(20) Luminaires not in compliance with Ames Municipal Code Sec. 29.411 Outdoor
Lighting Code.
(21) Junked vehicles stored outdoors on private property for more than 48 hours.
Exceptions:
(a) Junked vehicles stored within a garage or other enclosed structure or which
are kept concealed and enclosed behind an opaque wall at least six feet in
height, or completely covered by a tight-fitting opaque cloth vehicle cover or
tight-fitting cloth tarpaulin
(b) Junked vehicles stored upon the premises of a duly authorized salvage yard or
junk yard and meeting the requirements of the Ames Municipal Code.
(22) Travel trailers, recreational vehicles, boats, and boat trailers parked in the front
yard. Parking of travel trailers, recreational vehicles, boats, and boat trailers is
permitted behind the front yard so long as they are not being used for habitation
or business purposes and they are parked on an approved parking surface.
(23) Obstructions in the visibility triangle not incompliance with the Ames Municipal
Code Sec. 29.405(5) Visibility at Intersections.
Sec. 30.6. Responsibility for abatement; abatement defined.
(1) The owner, agent, lessee, occupant or other person in charge of any building
or premises where any of the actions forbidden by this chapter exist, or whence
any of such actions have originated, or any person responsible for the
existence, origin or continuance of any of such actions, shall correct, remove or
abate such action without delay.
(2) Abatement may include, but not be limited to, repair, removal, cleaning,
exterminating, cutting, mowing, grading, draining, securing, repairing a building
or structure, barricading or fencing, removing dangerous portions of buildings or
structures, and demolition of dangerous structures or abandoned buildings.
Sec. 30.7. Abatement by city after notice; procedure; payment of costs.
(1) In case of the failure of any person to correct, remove or abate a nuisance on
written notice issued by the enforcement officer, served in the manner of an original
notice, or by certified mail to the last known address of the owner, agent, lessee,
occupant or other person in charge of the building or premises where the nuisance
exists, and designating the time allowed for such removal, correction or abatement,
the time thus allowed depending on the urgency of the case, then and at once
upon such failure the enforcement officer shall have the recourse to the remedies
provided by law to secure entry and cause the nuisance to be removed, corrected
or abated.
(2) Emergency abatement procedure. When the enforcement officer determines that
a nuisance exists on a property and constitutes an imminent and compelling
danger to health, safety, or welfare of persons or property, the enforcement officer
is authorized to abate or have abated the nuisance without prior notice and
opportunity of hearing. A notice of costs of abatement will be sent to the property
owner within 14 days of the abatement procedure. The cost of any such
emergency abatement procedure may be assessed against the property for
collection in the same manner as property taxes as set forth in State Code Section
364.12(3)(h).
(3) Costs of abatement. Abatement costs shall include, but shall not be limited to, the
cost of removing or eliminating the nuisance, the cost of investigation, such as title
searches, inspection and testing, the costs of notification, filing costs and other
related administrative costs and any other costs or expenses incurred by the city
in the abatement of the nuisance.
Sec. 30.8. Means of Appeal.
(1) Application for Appeal.
Any person ordered to abate a nuisance as provided in Section 30.6 may have a
hearing before the Public Nuisance Appeals Board to determine if a nuisance
exists. A request for a hearing must be made in writing and delivered to the
Building Official on or before the date stated in the notice of abatement issued
by the City, or it shall be conclusively presumed that a nuisance exists and that
it must be abated as ordered. In the case of emergency abatement, a hearing
may be requested within 14 days of the mailing date of the notice of costs of
abatement.
Within 14 days after the conclusion of the hearing, the Board Chairperson shall
render a written decision as to whether a nuisance exists. If it is found by the
Board that a nuisance exists, it shall include in the written decision what steps
must be taken to abate the nuisance and the time within which such steps must
be taken.
(2) Appointment and Membership of the Board.
(a) The Public Nuisance Appeals Board shall consist of seven members who
represent the citizens of the City of Ames and who are not employees of the
City of Ames. The Board shall be appointed and shall serve terms in
accordance with established procedures.
(b) Board members shall be appointed by the Mayor with approval of the City
Council. The term of office shall be for three (3) years, except for the terms
of office for the Board when initially established. For the Board when initially
established, the Mayor may prescribe a shorter than a full term of
appointment in order to stagger terms. No member who has served two (2)
full consecutive terms is eligible for reappointment.
(c) Membership shall consist of seven (7) members, one from each of the four
(4) wards, and three (3) from the City at large.
(3) Chairperson.
The Board shall annually select one of its members to serve as Chairperson.
The Board shall also select one of its members to serve as Vice Chairperson to
act as Chairperson in the absence of the Chairperson.
(4) Disqualification of Member.
A member shall not hear an appeal in which that member or an immediate family
member has a personal, professional or financial interest.
(5) Secretary.
The Building Official shall designate a qualified person to serve as Secretary to
the Board. The Secretary shall file a detailed record of all proceedings with the
City Clerk's Office.
(6) Compensation of Members.
Members shall receive no compensation.
(7) Meeting of the Board.
The Board shall meet upon notice from the Building Official within 20 days of the
filing of an appeal, or at stated periodic meetings. An appellant may waive a
timely hearing by filing a written waiver explaining the cause for seeking a delay.
(8) Procedure.
The Board shall adopt and make available to the public, procedures under which
hearings will be conducted.
(9) Board Decision.
The Board has authority to affirm or reverse the decision of the Enforcement
Officer or to grant additional time for abatement.
(10) Stay of Enforcement.
Appeals of a notice and order (other than an Imminent Danger notice) shall stay
the enforcement of the notice and order until the appeal is heard by the Board.
(11) Filing Fees.
Property owners are entitled to file one appeal per nuisance violation, at no fee.
Subsequent appeals shall be assessed the same cost as listed in Appendix L of
the Ames Municipal Code for appeals to the Housing Code Board of Appeals