HomeMy WebLinkAboutA002 - Council Action Form dated August 8, 2023 ITEM #: 32
DATE: 08-08-23
DEPT: FIRE
COUNCIL ACTION FORM
SUBJECT: PROPERTY MAINTENANCE CODE ADOPTION
BACKGROUND:
In Summer 2020, staff had several code enforcement cases they were struggling to
achieve compliance with, which resulted in several communications from neighbors to
the Council. At their 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 and 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 our existing
codes and provided swift and effective compliance techniques.
On May 25, 2021, Staff presented the Council with a 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 citizens of the workshop
on June 15, 2021, and providing a link to an online survey on the proposed ordinance.
This 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 a motion on whether to include each item in a draft ordinance.
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.
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During the July 18 meeting, before opening the public hearing, Council made
motions to change several items in the proposed ordinance based on feedback
they had received from citizens after the June 27 meeting. These changes have
been incorporated into (Attachment A) which shows the proposed ordinance with
the changes tracked and highlighted in yellow. Here are the following changes
recommended by Council:
1.) Change the fine for the Municipal Infraction Citation from $500 to $50 for a first
violation and subsequent violations from $750 to $100.
2.) Change 30.5 to narrow the definition of"Nuisances" to the list of specific examples
provided in the code.
3.) Remove the right-of-way language in item 12 so that all dangerous trees can be
addressed instead of only those affecting the right of way.
4.) Change item 13 to read `Noxious weeds or any other plant deemed hazardous to
persons or property by the City' instead of prohibiting weeds over 12 inches in
height. This also removes the definition of`weed' in 30.4. The Council should note
that "Noxious Weeds" are defined in Iowa Code Chapter 317.
5.) Remove aesthetic language from item 17 as follows:
a. Change subsection (a) regarding roofing materials to "made up of materials
appropriate to the application" instead of "consistent materials and consistent
coloration."
b. Remove "in good condition" relating to exterior trim and siding in subsection
(c)
c. Change subsection (d) regarding exterior walls to "made of materials
appropriate to the application" instead 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."
d. Remove from subsection (h) regarding exterior wall surfaces: "not in a
condition of deterioration, are of uniform coloration and are not patched with
dissimilar materials....No flaking of chipped paint of outer loose material
dominates or detracts from the exterior appearance of the structure."
e. Change subsection (i) to "All fencing shall be of materials appropriate to the
application" instead of "All fencing shall be of consistent materials and
coloration."
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6.) Delete from 30.1 "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 these 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."
Insert in place "The purpose of this chapter is to protect the health, welfare and
safety of the citizens of the City of Ames. The minimum property standards herein
will: help preserve and remain fit for occupancy the existing housing stock by
prohibiting conditions that may compromise the integrity of structures; maintain
neighborhood camaraderie by establishing consistent standards for the upkeep of
exterior property areas; expedite the enforcement process and keep compliance
costs low for property owners; and ensure equitable treatment for all property
owners by establishing an appeal board."
Additionally, staff has changed specific references to the City Forester to refer to "the
City," as there are several qualified individuals in the Parks and Recreation and Public
Works Departments that can offer expertise in this area, if needed.
A clean version (Attachment B) shows the proposed ordinance with all of the
changes.
ALTERNATIVES:
1. Approve on first reading the proposed property maintenance code, as amended
by the City Council on July 18, 2023.
2. Direct staff to revise the proposed maintenance code.
3. Do not approve the proposed maintenance code.
CITY MANAGER'S RECOMMENDED ACTION:
Staff has diligently worked to incorporate the abundance of citizen feedback into a code
that balances the needs of the community. It is believed that the proposed ordinance will
better ensure the integrity of properties within the City's neighborhoods. It establishes a
minimum standard of property maintenance and consolidates the standards that are
currently scattered throughout Municipal Code into one location.
Finally, it should be emphasized that as the provisions of this property maintenance code
are implemented, it is staff's approach to first work with property owners to achieve
compliance, rather than using tools such as citations and fines. It is therefore the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
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Attachment A
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.The minimum
property maintenance standards adopted herein will:help preserve and remain fit for occupancy the existing housing
stock by prohibiting conditions that may compromise the integrity of structures;maintain neighborhood camaraderie
by establishing consistent standards for the upkeep of exterior property areas; expedite the enforcement process and
keep compliance costs low for property owners;and ensure equitable treatment for all property owners by establishing
an appeal board.
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$730 $100 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 ealing 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,nscription, 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.
Attachment A
Junk. Items including, but not limited to, building materials not part of an active building project authorized by
current city building permit, vehicle parts, miscellaneous steel, plastic, rubber or metal parts, tires, packingboxes,
oxes,
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 caMing persons or property and for being drawn by
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-tightreceptacle.
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 properly over public streets and highway
Weed. A Want thM is not intentionaliv Wanted and is usualiv of ��rowth. it Mav eaase eeonefflie less to
neielibefi e-prooeFties _
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; iniurious to the senses or an obstmetion to the Go use of property so as essentially to ;..t f re with the
comfi3rtable enjoymen4 of life or property by the public or comm-uni"all be deemed Nuisances shall
include, to sh ll not be l united t^,the following:
Attachment A
(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, rass clippings,straw and hay,sawdust,and
finely pped 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
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.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 woodyplants,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, that any part of such tree presents an
immediate threat to the safety of persons or property
(13)Weeds 12 :nehes tall an ^ Noxious weeds or any other plant deemed hazardous to persons or
property by the City.
(14)Any excavation,hole,or other depression in the ground in or on an.. l�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
Attachment A
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 fumishin 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 materials
appropriate to the application. consistent materials and consistent coloration 4"u6otit 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 geod een 'oo
and securely attached to the structure.
(d) Exterior walls are free of holes and made of materials appropriate to the application.
�.vva _ o exterier- 0 net_i3resent,
(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 i ^ condition-of
deterioration, are of uniform coloration and are not patched with dissimilar Plastic wrap
material shall not be considered an acceptable siding material.No flakine orchipped paint or- loose-
material dominates or detracts from the exte ' i of the stmetwe.
(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 materials appropriate
to the application. epasistent matefWs a-a gole atio-P
(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 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.
Attachment A
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, extenninatine 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.
Attachment A
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 filingof f an appeal,or at
stated periodic meetings.An appellant may waive a timely hearing by filing a written waiver explaining the
cause for seekingadelay
(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.
CHAPTER 30 jUNKED VEHICLES,TRAILERS AND SEMITRAILERS; AND OUT-DOOR STORAG E OF
MOTOR NIET41CLES
See.30.1.PURPOSE OF CHAPTER.
Attachment A
The pwpose of this ehapter- is to protect the health, welfare and safi3ty of the citizens of the City of Ames and to
preserve the value of property owned by these citizens by the prevention of the storage ofju-nked vehicles,trailers and
in violmion of the previsions of this ehapter; and for the enfoFeement and penalties for-viela4ion here
See.1117 71EFINITIONS
nEnelosed n
,
roof and having exterior walls of the sttuotffe or portion thereof constmoted in such a manner as to obsetiFe
from any street or adjaeent property and contents thereof and being of a permanent natffe.
"Junked"
means any vehiele, trailer or semitfailer-stored for 48 hours within the corporate limits of Ames-,
lowa,whether-currently licensed or not,w-hieh because of any one of the following char-acter-isties constitutes
a threat to the publie health,welfare and/or Safe
glass,(a) Any vehicle, trailer, or semitrailer which is rendered inoperable because of a missing or br-
windshield or-window fender, door, ,keed, , ,WaPAE, ,
�wo or-ffier-e wheels,engioe,drive shaft,differential,bmtei7y,gener-a4or-or altefnmor-or-odier-eampoiient
..rt of an eleetrieal system, o,mot o stfuet„r „„ ...l rt,
vrii'r3ccrr,
ale,ti-7ailer-er-semitrailer- A4ieh eon4aias stor-ed gasoline or-other-fuel,paper-, eafdboar-d,woo
or other combustible materials,garbage,refuse solid waste,debris etc.;
of any kind;
(e) Any other vehiele,trailer or semitrailer whieh because of its defeetive or obsolete condition in any 0
way eonstitutes a threat to the public health or safiDty of the citizens of Ames,(d) Any vehicle,trailer or semitrailer used for storage pwToses or harborage, cage or dwelling for animals
(f,�Yehiele"ieh eentainsgaseline or any flammable fuel and is napeFable.
(3) "Nuisanee" fneans wha4ever-is injurious to health, indeeent, or-offensive to the senses, or an obstruction to
the 47ee use of pr-o-peFty,so as essential!y to iffter-fer-e with the eofnfoi4able ep�o�q�efit of life or property.
)"Inoperable":ixeans not eapable of being used or-opefated.
n n
,
tfailer or-semitrailer lefl upon pFiva4e pr-opei4y for-4 8 hours.
n n
means ever-y vehiele withou4 motive pewer designed for-eafi-yi ffopefty and for-
being drawn by a motor vehicle and so constructed that some pail of its weight and that of its lead rests tipo
or is carried by anothervehide,
"Trailer-"
means everyvehiele without motive power designed for carrying per-sons or property and for being
drawn by a motor vehicle and so constmeted that no part of its weight rests upon the towing vehicle.
n n
means an automobile, tmek, motor-cycle, or other trackless seif propelled vehicle designed
primarily to transport per-sons o property over public streets and 1.:..1...ays
See.30.3.STORAGE OF jUNKED VEHICLES,TRAILERS OR .
a threat to the health,welfafe and safety of the eitizens thereof,and is deelafed te be a i+uisanee.eefpof:ate lifnits ef Ames,lowa,fer-4 8 heufs,is twlawfull unless exempt by Seetien 30.9 of this ehaptef,a-ad eonstitut
violation.30.4.LIABILITY FOR VIOLATION.
The registered w4mer-of anyvehiele,trailer or semitrailer shall be prima facie liable for any violations of this chapt
in the absenee of any known or ascertainable owner,the oceupant, lessee or owner of the property upon which saiA
vehicle,trailer or semitrailer is stored shall be prima facie liable for the
See.30.5.NOTICE OF VIOLATION.
Upon diseovei=),of a-ay junked vehicle,trailef, or-semitrailer-stored up orty within the corporate limits-
,the eity fnanager
(1) Cause�ffitteo notioe to be sefft by eeftified mail to the last known registered oA%er-of the vehiele,trailer-er-
(2) Cause written notiee to be affixed 1 to the..ehielo t a for o i l .
, omt aor,
(3) The notice shall describe, if aseertainable, the year-, make, model and location of the vehiele, trailer or
semitrailer and shall state th t•
Attachment A
Ames,(a) The vehicle,trailer or semitrailer-is declared junked under the provisions of Chapter 3 0 of the Mimic-ipal
Code of the City of loww,
(b) The owner of said vehiele,trailer-or-semitfailer-or-in the absenee of arty knewn or-aseertainable ,
the owner-of the propeFtyupen whieh said vehiele,tfailer-or-semitrailer is stored,Must rp—,-
Code of the G41 of Arries,lowa,within ten(10)days of notifieation,or said vehiele,trail -r s e,m-i t e,r-
may be tewedl@
(d) Any person holding an owner-ship interest in this property may file a written request for a hearing befor-e
the city manager or designee within ten (10) days of the date of this notice. See. 30.6. PROCEDURE
FOR HEARING. The hearing shall be held as soon as practicable after the filing of the request and ---,
per-sons to whom notices are direeted shall be advised of the time and place of said hearing at least thre-e
days in advance thereof At any such hearing,the eity manager or designee and the per-sons to whom
notices have been directed may introduce such witnesses and evidenee as either party deems necessary,
if the existenee of the violation is affirmed by the eity ffia-aager or designee,the parties adversely affeet
by this hearing shall have no longer than seven days from the date of Anal order to eoff1ply with said
See.30.7.REMOVAL OR REPAIR OF VEHICLES,TRAILERS OR(e) Failure to eorriply with the provisions of said Chapter-30 eoristitutes a munieipal ifffi-7aetion;
absence of any known or aseertainable owner,the owner of the property upon w-hieh said vehicle,trailer 0
semitrailer is stored, shall,within ten(10)days following the effee6ve date of notice from the eity manage
or designee,remove the vehiele,trailer or semitrailer-to an auto salvage yard,junk yard or demolisher duly
heensed by the eity, or repair- the defeet w-hieh eaused said vehiele, trailer or semitrailer to violate the
provisions of this or to other-wise eomply with this ehapter.
(1) The owners ef a junked vehiele,tfailer or sernitrailer-whieft violates the provisions of this ehapter,or-in the
(2) if the owner of reeord ef a junked vehiele, trailer- or- semitrailer-, or in the absenee of any known of
eomply with the terms ef this seetion, the e4y manager- or- designee may deelare the vehiele, tfailer o
semitrailer to be junked and shall dir-eet the removal of said vehiele,trailer-or-sefflitrailer,
(3) Disposal ef vehieles,trailer, or-sefnitr-ailer-s.All junked vehieles,trailers or-semitrailers whieh afe towed by
the eity pursuant te this ehapter shall be impounded tw6l lawfully elaimed and all towing, storage an
administrative fees paid or sliffil be disposed of piirsuant to the provisions of Seetion 321.99 and 321.90 of
the 1983 Code of lowa.
See 30.8. PENALTIES FOR OFFENSES PERTAINING T9 per NKIED VEHICLES AND OUT-DO �STORAGE OF MOTOR VEHICLES.
A violation Of any provision of Chapter 30, Junked Vehicles, Trailers, and Semi trailers; and Outdoor StOFagO 0
Metof Vehieles,shall be a frranieipal ififfaetion punishable by a penalty of$500 for-a person's first violation thereof,
and a penalty of$750 for-eaeh repeat violation.
See.30.9 EXEMPTIONS;
MPTiONS
The pr-ovisions of this ehapter-shall not apply to:
(1) Vehicles, trailers or semitrailers stored within a garage or other enelosed struetffe or whieh are kep
eoncealed and enelosed behind an opaque wall at least six feet in height, or eompletely covered by a tight
fitting opaque el..th vehicle cover r tight fitting eloth t.,r...,..1:n(2) Vehicles,trailers or semitrailers stored upon the premises of a duly authorized salvage yard or junk yard and
meeting the requirement of the Ames TA.mieip.,1 Code.
See.30.10.OUT-DOOR STORAGE OF MOTOR VEHICLES.
in as rnueh as it is ��d that the star-age of metef vehieles, whieli are not deemed to be junked, out of doors can
detraet fi-7orn the benef4eial use and enjeymefft of neighboring properties,certain special regulations are established a-,
fold
Attachment A
use, or permit the par-king out of doors of a motor vehicle on eonnnereially zoned property under their
owfiefship, Possession or- eoivffol for-ffiefe than one yeaf witheut movement and use of said
(3) The pr-ovisien of subsection(2)notwithstanding the keeping,parking or storage,out of doers,of any wrecke
or demelished motor vehicle, er motor vehiele s4ipped for-pai4s, 4 the same commer-cially zoned site
more than one Inindfed eighoy days is pfahib4ed-.
(4) The following shall be exempt fFom the r-egplmions of this seetkffl!
(a) vehicles kept in a gar-age or other enelosed stmeture or which are kept concealed and enclosed behin
an opaque wall at least six feet in height, or completely covered by a tight fitting opa"e cloth'Vehi
cover or tight fitting cloth tar-pattlin.
(b) vehicles kept in commercial automobile salvage yards lawfully established and existing prior-to janu
(2) No per-son shall store or display one or more motor vehicles out of doors on property zoned for commercial
"motor home", pickup tmek with eamper top, converted bus or van, or similar recreational vehicle—,
which is etH:Feffdy licensed for-opermion an the publie hig4ways.
(d) a motor- vehicle eufFendy licensed for- oper-a4ion on the public hig4ways and lawfully parked off the
streets while the ewner-or other-per-son in lawful pessession and eentFol thereof-,if a r-esident of this
is out ef the city for-mere than fifteen(15)days bu4 net more than ene hundred eighty d*y-s-.
See 30.11.SEVER A BI TTV
if any seetio ,. . . I part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall
not aff-ect the validity of the chapter- as a whole, or any section, provision or part thereof not adjudged invalid of
unconstitutional-.
Sec. 13.406.EXTERIOR PROPERTY AREAS
(11)Motor vehicles.
Motor vehicles must be parked, stored,and maintained in accord with Ames City o Ames Municipal Code Chapter
30 Public Nuisances 31, r„nlEe ,,Vehicles n .,1ooF Sta fage
DIALISION 1X Noxious Weeds
(1) WoFds and Terms Defined
(a) Noxious Weeds:Primary and secondary classes of weeds as defined by lowa Code Section 317.1A.
(b) Weed Offieiali Pefsen desigamed by the city manager to enforce this section.
(2) Nuisance See.5.901.WEED ORDINANCE.
(a) it shall be a puth-lie for-any owner ef pefson in th eontfel of any!a-ad to allwv
(b) Duty To Gu4 Noxious Weeds:Each ewner-a-ad each per-son in the possession or-eofitfol of any land shall.
out or other-wise destroy,in whatever-manner prescribed by the weed official,all noxious weeds thereo
and shall keep said lands free of such growth'
(e) interference With Weed Official: No per-sons sh—All interfere with the weed official or any appoi
assistant while engaged in the this chapter.
Any person who abandons or- ethepmise leaves unat4ended any feffigefe4or-, ieebox, washing machine,See. 44.8.OUT-DOOR STORAGE OF 14OUSE14OLD APPLIANCES AND FIXTURES.
kitchen range, clothes dr-yef, ffeezer, eemmode, tifinal, bathroem sinlE, kitehen sinlE, or ether lafge household
appliance,ba4hraafn fixtufe,kitchen fixtufe,er sifnilaf container,eutside of buildings,er afty pefsen whe allows such
sink,kitchen sink,bathfoem fixtufe,kitehen fixtufe,or-othef large household appliance,er similaf eafftainef,to remain
outside of buildings or premises in the per-son's possession or ,abandoned or unattended,
vr this rscccivir.
Attachment A
eaeh a4 viela4ion.
See. 17.34.RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS
defendant,(1) Standards: it shall be a vielation of this section for any landowner or per-son leasing, occupying or havi
con4rol ef any real preperty iised for residential puToses,to keep,maintain,deposit er per-form or permit e
such property the outdeor-use, outdoer storage or outdeor plaeemen4 of household applianees, hettseh
fumiture, er- heuseheld fuFaishings, unless sueh items afe designed fer et4deer- use and afe used en the
afe fr-amed wir-e mesh or-4amed plastie mesh used te keep eu4 inseets a-ad peFmit air-
(2) Cests of Abatement: Pursuant to subsection 364.22(9)Code of lewa,when judgment has been entered for a
violation of this section, a eetwt or-der shall be sought to au4horize the City to abate or correct the violation
and order that the City's eosts for such abatement er cerrection ef the violation be entered as a personal
judgment against the
or assessed against the property,or bet
(3) Violation of this sectien shall be a municipal infraetion ptmishable by a penalty of$50 for a persen's first
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
Attachment B
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.The minimum
property maintenance standards adopted herein will:help preserve and remain fit for occupancy the existinghousing
ousing
stock by prohibiting conditions that may compromise the integrity of structures;maintain neighborhood camaraderie
by establishing consistent standards for the upkeep of exterior property areas; expedite the enforcement process and
keep compliance costs low for property owners;and ensure equitable treatment for all property owners by establishing
an appeal board.
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$50 for a person's first violation thereof, and a penalty of$100 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 ealing 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,nscription, 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.
Attachment B
Junk. Items including, but not limited to, building materials not part of an active building project authorized by a
current city building pen-nit, vehicle parts, miscellaneous steel, plastic, rubber or metal parts, tires, packingboxes,
oxes,
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 caMing persons or property and for being drawn by
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-tightreceptacle.
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 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.
Nuisances shall include 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.
Attachment B
(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 compostingis 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
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 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.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 rgrade egress windows.
(11)Turf grasses exceeding 12 inches in height.
(12)Trees in such a state of deterioration, as determined by the City, that any_part of such tree presents an
immediate threat to the safety of persons or property.
(13)Noxious weeds or any other plant deemed hazardous to persons or properly by the City.
(14)Any excavation,hole,or other depression in the ground in or on an.. l�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.
Attachment B
(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 materials
appropriate to the application.
(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 and securely
attached to the structure.
(d) Exterior walls are free of holes and made of materials appropriate to the application.
(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 systemEIFS)
materials,brick or similar masonry materials,that are in all cases intact.Plastic wrap material shall not
be considered an acceptable siding material.
(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 materials
appropriate to the application.
(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 Fire Code.
(20)Luminaires not in compliance with Ames Municipal Code Sec. 29.411 Outdoor Lighting
(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
Attachment B
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 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 b.5 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
Attachment B
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 Ci. 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 filingof f an appeal,or at
stated periodic meetings. An appellant may waive a timely hearing by filing a written waiver explaining the
cause for seekingadelay
(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.
CHAPTER 30 jUNKED VEHICLES,TRAILERS AND SEMITRAILERS; AND OUTDOOR STORACE
MOTOR VEHICLES
See:30.1.PURPOSE OF CHAPTER.
The puTose of this chapter is to protect the health, welfare and safi�� of the citizens of the City of Ames and to
preserve the value of property owned by these citizens by the prevention of the storage ofju-nked vehicles,trailers-
sernit-railers within the corporate limits of the city,except in places awhorized;to provide for the removal of vehicles
in viola4ion of the pr-evisions of this ehapter;and for-the enfor-eement and penalties fer-viola4ioa hereof-.
See 30.2.DEFINITIONS.
INITIONS
For-the pufposes of this ehapter-,the following words,terms and p�fases shall ha-ve the meanings set foAh;
nEnelosed n
fneans any swaePafe or--poi4ion there of built for-the enelosufe of e
reef and having exter-ior-walls of the s4uetw-e or-pot4ion thereof eoos4ueted in stieh a maiiiaer-as to obseufe
from any street or adjacent property and contents thereof and being of a permanent natafe.
"Junked"
Attachment B
lowa,whether-otiffently licensed or not,which because of any one of the following char-aeter-isties eonstitutes
a dire-at to the public health welfare,andlor sa€eta
(a) Any vehiele, trailer-, of semitrailer- whieh is r-endered inoperable beeEffise of a missing or- br-
windshield or-wifidow glass, fender, door,bwnper-,hood, steefing wheel, driver-'s sea,Wank, fidel t—af4&-,
�wo of ffier-e wheels,engifie,drive shaft,differential,bal4ei=y,genefa4ar-or altefna4of or-offier-eemponent
(e) Any vehicle,trailer or semitrailer w-hieh con4ains stored gasoline or other fuel,paper-, cardboard,woo
ores
or
other combustible materials,garbage,refuse solidwaste,debris etc.;
(d) Any vehiele,trailer or semitrailer used for storage pwToses or harborage, cage or dwelling for animals
of any di
way constitutes a threat to the publie health or safiaty of the citizens of Ames,(e) Any other vehicle,trailer or semitrailer which beeause of its defective or obsolete condition in any o
(f,�Yehiele whieh eentainsgaseline or any flammable fuel and is inapeFable.
(3) "Nuisa-nee" fneans"aevef is ifijur-ious to health, indeeent, or-offensive to the senses, or an obstruction to
the free use efpropeFty,so as essentially to iffter-fere with the eofnfet4able ef�o�ffmef4 of life or property.
t4Tr:xvpcxavrc xxxcax:o not eapable ofbeing-lase 6f oper-ated.
n Stored"
,
n n
means evefy vehiele withou4 motive power designed for-eafi-yi ff-operty and for
being drawn by a motor vehiele and so eonstrueted that some part of its weight and that of its load rests upo
or is o,l L,..another..ehi le
"Trailer-"
means every vehicle without motive power designed for earrying per-sons or property and for being
drawn by a motor vehiele and so construeted that no part of its weight rests upon the towing vehiele.
n n
automobile,means an tmek, ,
or other trackless seif propelled vehiele deSigneA
priffiar;ly to t.•ansp..rt pe fs ns.. pei4y ever- „l.lie streets and1.;..1...ays
SEMITRAILERS.See.30.3.STORAGE OF jUNKED VEHICLES,TRAILERS OR
eofpor-a4e limits efAmes,lowa,for-4 8 houfs,is unlawfull unless exempt by Seetion 30.9 ofthis eliapter,and constitu
it is hefeby deelafed thm the storage of a-ay junked vehieles, trailers or sefflitfailefs Perty within the
violation.30.4.LIABILITY FOR VIOLATION.
The registered ovmer-of any vehiele,trailer or semitrailer shall be prima faeie liable for any violations of this ehapt
in the absence of any knovm or aseer-tainable owner,the oeeupant, lessee or ovmer-of the property upon whieh saiA
vehiele,trailer or semitrailer is stored shall be prima faeie liable for the
See 30 NOT-ICEO VIOLATION.
TION
Upon diseaver-y of any juf4Eed vehiele,trailer-,or-semitrailer stored U. peFty within the corporate limi
efthe , o
(1) Cause�ffit4ea notiee te be sefft by eeftified mail to the last known registered ovvner of the vehicle,trailer or-
semitfailer and the ewner or-the ownef's agent of the property upon which said vehicle is leeated;
(2) Cause yffitten,notice to be affixedto the vehicle,♦r.,:lor o mitfa lor•
(3) The notice shall describe, if aseer-tainable, the year-, make, model and loeation of the vehiele, trailer or
semitrailer andshall state that.
Ames,(a) The vehicle,trailer-or semitrailer is declared junked tmder the provisions of Chapter 3 0 of the Munkipal
Code of the City of loww,
(b) The owner of said vehicle,trailer or semitfailer-or in the absence of any known or ascertainable ,
may be Code efthe G41 efAmes,lowa,witliio ten(10)days ofnetifiea4ion,or-said vehiele,trail -r s Le.,M-- A-i I e,r-
Attachment B
per-sons to whom notices are direeted shall be advised of the time and place of said hearing at least dire-e
days in advance thereof At any such hearing,the city manager or designee and the per-sons to whom
notiees have been direeted may ifitfoduee suehwitnesses and evidenee as either paft-y deems neeessai�x.
if the existeftee of the violmioff is af4fmed by the eity manager-or designee,the paffies adversely affeet
by this heafing shall have fie longer than seven days ffom the da4e of final ofdef tE) 6off1ply with said
or-der,
SEMITRAILERS.See.30.7.REMOVAL OR REPAIR OF VEHICLES,TRAILERS OR
absence of any known or ascertainable owner-,the owner of the property upon which said vehicle,trailer o
semitrailer is stored, shall,within ten(10)days following the effee6ve date of notice from the eity manage
or designee,remove the vehicle,trailer or semitrailer to an auto salvage yard,junk yard or demolisher duly
licensed by the eivy, or repair- the defect w-hieh caused said vehiele, trailer or semitrailer to violate the
provisions of this chapter-,or to other-wise comply with this chapter.
eomply with the teiqns of this seetion, the e4y manager- or designee may deelar-e the vehiele, tFailer- o
semitrailer to be junked and shall dir-eet the removal of said vehiele,tFailef of(1) The owners of a junked vehicle,trailer or semitrailer which violates the provisions of this chapter-, or in the
(3) Disposal of vehieles,trailer, or sem4ailer-s.All junked vekieles,trailers or semitrailers whieb are towed by
the eity pursua-at to this ehapter- shall be impounded tm6l lawftilly elaimed and all towing, storage an
administrative fees paid or shall be disposed of ptffsuant to the provisions of Section 321.99 and 321.90 of
the 1983 Code of lowa.
See 30.8. PENALTIES FOR OFFENSES PERTAINING T9 per NKIEDVEHICLES AND OUT-DO �STORAGE OF MOTOR VEHICLES.
Motof Vehieles,shall be a munieipal infFaetion punishable by a penalty of$500 for a pefson's first violation ther-eo-f-,
.,.1 a penalty of$750 Fro eh repeat. ola4ion
See.30.9.EXEMPTIONS;
The pfovisions of this ehapter-shall not apply to:
(1) Vehicles, trailers or semitrailers ster-ed within a garage or other enclosed stmetwe or w4iieh are kept
concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by a tight
fitting opaque el..th vehicle cover r tight fitting eloth t r...,,,1;,,.(2) Vehicles,trailers or semitrailers stored upon the premises of a duly authorized salvage yard or jtmk yard and
meeting the requirement of the Ames Municipal Code.
See.30.40.OUT-DOOR STORAGE OF MOTOR VEHICLES.
in as fi+ueh as it is ��d tha4 the star-age of motof vehieles, which are not deemed to be junked, out ef doors ean
follows:
Attachment B
(e) A "moter home", pielfflp �Faek with eamper-top, eenveAed bus or-van, or- similaf feefemienal vehk4e-,
streets while the ewnef er othef pefson in lawful pessession a-ad eentfol thereof-,if a r-esiden4 of this(b) vehicles kept in commereial au4omebile saWage yards lawfully established and existing prior-to janu
is eut ef the eity fef fnere 4iaa f4f4een(15)days bu4 net more tkan one htmdred eighty days-.
if any seetie ,. . . I part of this chapter shall be adjudged ifwalid or uneensti"ienal, stleh adjudication sh-
not aff-eet the validity of the ehapter as a whole, or any section, prolvision or part thereof not adjudged ifwalid or
Sec. 13.406.EXTERIOR PROPERTY AREAS
(11)Motor vehicles.
Motor vehicles must be parked, stored,and maintained in accord with=tnems City o Ames Municipal Code Chapter
30 Public Nuisances 31 Jtmked Vehi.les n,,4,1ooF Sto fag-e
See.5.901.WEED ORDINANCE.
(1) Words and Terms Defined
(a) Nexious Weeds:Pr-imary and secondary classes of weeds as defined by lowa Code Section 317AA-.
(b) Weed Offieial:Per-son designated by the city manager to enforce this section.
DIALISION 1X Noxious Weeds
out or other-wise destroy,in whatever-manner pFeser-ibed by the weed official,all nexious weeds thereo
and shall keep said lands free of such growth'
(e) interferenee With Weed Offleial: No per-so. shall interfere with the weed official or any appoi
assistan4 while engaged in thea, of this ehapter.
See. I I.S.OUT-DOOR STORAGE OF HOUSE14OLD APPLIANCES AND FIXTURES.
(b) Duty Te Cut Noxious Wee&Eaek eNN%er-and eaeh person in the-possession or-eentifel of any land shal
control,kitehen ra-age, elethes di-yer-, ffeezer, eeffimade, ufinal, bat-hreem sink, kitehen sink, er ether- large household
applianee,ba4hraam f4x�ufe,kitehen fixtufe,er similar-eafftainer,eutside of buildings,er any per-son who allows stleh
sink,kitehen sink,bathroom fixtwe,kitehen fixtffe,or other large household appliance,or similar con4ainer,to remai-n-
outside of buildings or premises in the per-son's possession or abandoned or unattended,
vr this rscecivir.
unat4eaded any r-effiger-ater-, iee box, or- similar eentainer-,with doer-s thm may beeame leeked, outside of buildin
and aeeessible to ehildrea, or-any person"a allows any sueh r-efi-7iger-atar, iee box, of similar eefftainer-, to remai
outside ef buildings en premises in the person's possession or-See. 17.12.ABANDONED OR UNATTENDED REFRIGERATORS.Any per-son who abandons or other-wise leaves
See. 1'.34 RESIDENTIAL PROPERTY MAINTENANCE REGULATIONS
EG TT A�S
Attachment B
(1) Standards: it shall be a violation of this section for any landowner or per-son leasing, occupying or havi
con4rol of any real property used for residential purposes,to keep,maintain,deposit or per-form or permit on
sueh preperty the outdoor-use, eutdeor storage or- outdoor-plaeefnent of heuseheld applianees, househ
Airnit'dre, or- household fiffnishings' unless sueh items ai-7e designed for otAdoor- use and are used en the
premises for-pur-poses of the househeld. The tet:Fn"outdoer-" ineludes a por-eh. Newever-,the use, storage o
are framed wire mesh or framed plastie mesh used to keep out insects and permit air
(2) Costs of Abatement: Pursuant to subsection 364.22(9)Code of lowa,when judgment has been entered for a
violation of this section, a eetwt or-der shall be sought to au4horize the City to abate or correet the violation
and order that the City's eosts for sueh abatement or correetion of the violation be entered as a personal
judgment against the defendant,o assessed against the property,or both.
(3) Violation of this section shall be a municipal infraetion punishable by a penalty of$50 for a per-son's first
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