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Ames Tribune PO Box 631851 Cincinnati, ON 45263-1851
PROOF OF PUBLICATION
City Of Ames
CITY CLERK'S OFFICE
City Of Ames
515 Clark AVE
Ames IA 5 0010-613 5
STATE OF WISCONSIN,COUNTY OF BROWN
The Ames Tribune,a daily newspaper printed and published
at Ames,Story County,Iowa, and personal knowledge of
the facts herein state and that the notice hereto annexed
was Published in said newspaper in the issues dated:
09/19/2023
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E
Y KOKOTTtary Public
Of Wisconsin
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A Ce N NCE TO AMEND THE2MUNICIIpPALLN CODE q OF THE CITY OF
AN ES��c�T�p�JB3.406(PEAAiJD AREPEALINGC�EC7€ONS b9013011.8,END-
AND�17.34ppTHERREOF FOR THE PURPOSE OF ESTTA�L7USHn G�eINf-
OF SUCSHO ONPApRIRD
C"f PROVIP NGCA PNALTYL ANC ESTABLISHENIG
AN EFFECTIVE bAT�.
BE IT ENACTED by the PC11Y Coultc�l for the C(ty of Ames,I= that:
Section ne.The}�Aun ici al Code of a Clty of Ames,Iowa steal be and the
same Is herebyy amende by repealing and replactng Chapter amending
se lion 13.406(il), and repealing sections 5.901, 71.8, 17.12, and 17.34, as
fol ows:
C APTER 30 PUBLIC NUISANCES
30.1.Purpose.
The purpose of f is chapter is to protect the health welfare and safety of the
citizens of the C f of Ames.The minimum property malntenanc standards
adopted herein wl 1:h Ip resery nd remain fit for occupancy she existing
housing stock by prohelbitpn condeI Ions that may compro Ise the integrity
of structures; matntaln ne ghbarhood ca[noraderie by as consis-
tent standards for the up eep of er�terlor property areas: expedite the
enforcement Process and keep compllonce costs low for Proper, owners;
and ensure equitable treatment for all property owners by astabTishing an
a peal board.
30.2 Scope.
The provlslons of this chapter shall apply to all properties within the City of
Ames and c.nstllu e m n mum requ rements and standards for Premises,
structures and veil Iles.
S@c.30.3.I�ublic nuisances prohibited;authority to abate.
The creation or Jalntenance of a nuisance on any property in the city of
Ames is unlawful and is prohibited. The CityManager or Manager s
tdesignee Is authorized to abate nuisances either by issuance of a municf al
tfierreof and a penalty ofy$100 penalty ophoepeaf for lafloneund!r by ad vinlis}pron
five abatement PProcedures set toroth this ortscPa,or a corn [nation t tereot
Sec.30.4.Def llTions.
For late purposes of this chapser,the following words,terms and phrases
shall eve the meanings set forth herein:
for ge. very waste accum larion of animal,fruit or vegetable matter,
i t1m rtor o erwisf that often the prepatliion,use coaktr�t dsalinii In or
s oring of meat ash,fowl,fruit or vege d es,and inc rg to cans or
s mllar food rnnia ners.Dead animals are no Included n the term garbage.
Graffiti•An marking,In criptlon drawing,Pi toI�e,letter,number,symbol
or other detYocement or oppcher wrlften communication,etched scratched,or
made with spray paint
��IIpalnt,ilik,chalk,dye,or sltdnlllor substalllces,or In
str@ manner,, walks y bputld llgs,PwallsC pbftdgas I fences,n orbother strructures
vhtchgas made withoufffff idle consent of the property owner.
Ozer ous Waste.Any substa ce qs defined In section 45513.411(3)(a),the
iales of The I�qyya Department of Natural Resources.
noperable.Not ca able of beta used or operated as a mo or vehicle.
Ju k.IlemS incluttng,but notlimited to,builds materials not part of an
act bu0'tsin pro act authorized by a current city building permit,vehicle
parts, misceligane us sTeel, plasti rubber or metal parts, tires, Packin
boxes,wooden Pallets,tllscarded lumber(not including neatly stacked an
0
cut fire wood),plastic tarps,or any other discarded or miscellaneous Item
or Items.
Junked Vehicle.Anv vehicle,Traller or semitraller which because p1 any?,no
of the following characteristics,constitutes a threat to the public heah,
welfare and/or safety,:That has been rends ed inoperable becaus�of a miss-
ing or br k n windshield or window lass,tender,door,bum er,hood,steer-
ing wheel edriver's sent,trunk,fuel lank,two or more wheeps,engine,drive
shaft,dlff all 1,(�afiery,generator or alternator or other component part
of an electrical system,any component or structural part,or lack of current
regglstratt n;
(a That leas become the habitat of rats,mice,snakes or any other vermin
or insects;
(b Thai's bath used for storage purposes
(c That�is condition for
a threat to the public health or safety of the
public;
(d)That contains gasoline or any flarntnable fuel and is inoperable
Noxious Substances.Substances,so I or fluid which are offensive,delrl-
mentul to health,hurtful or dangerous,including any dead animal portion
thereof,tagether with human or animal elcremenf.
Noxious Wee s.Primary and secondary classes of weeds as defined by Iowa
CodO Section 17.A.
outtdoor Area.At exterior areas of a propert I eluding poi tehes, rtially
enclosed st ode loan-tot or other structures notYtotally encloseby structural
walls,roo and properly functioning doors.A porch is not considered to ye
an outdoor area if it Is completely enclosed HY fully intact glass or fully
intact screens.
Refuse.All other miscellaneous waste materials except'Yard waste"not
specs Icplly defined as garbage
semitraller. Every vehicle withoutg motive power designed for carrying
constructed that some and rrt ofrits welgilt and tli'at of Its load rusts lupon or Is
saarlod ky a other vehicle.
l swat A hard surface of any,width designated for non-motorized trovet
St n nt Water. Slant water That is Trapp d and does not circulate,
exclutling bird baths, ka ponds, landscape water features,and approved
stormwater retention areas.
Trailer.Every vehicle without motive power desl ned for carrying arsons
or
propert and for being drawn 6y a(nolor vehicle and so constructed that
no part Cfits yeight rests upop the towing v hide.
Trash Disposal Conlalner.A closed water-fight,hard taco saclo that cannot
be ripped open by an ma s.C nta�ner that shed rain when their lids re
completely clo ed shal�satisfy the requirement for awater-ti ht receptacle.
Turf Grasses, latrow-locved grass.�pecles that form a Yi orm,Ion lived
ground cover t d can tolerate traffic and mowing heights of two Inc es or
e ow.
Vehicle.An automobile,truck,motorcycle,or other trackless self-propelled
vehicle desi ned primarlly to transport parsons or property over public
streets and highways.
Wee Official. Person designated by the City Manager to enforce noxious
Woo I.
Yuri Waste, Debris such as gross clippings, leaves,garden waste,brush
and trees,It does not include In StV ps.
Sec.30.5.Nutsgrlce defined;c rfa((n u5s,conditlons declared as nuisances.
Nuisances shall Include the following;
(1) The use of ant building or other place for the exercise of any trade,
amp o ment or manufacture which, by occasioning noxious exhalations,
offs stv smellb or other annoyance,bee met nturious and dangerous to
the Health,comfort or property of indlsviduals or the public.
(2) Refuse, garbage, or Junk that 1s not contained in o trash disposal
container• noxious substances; or hazardous wastes remain)ng in any
outdoor Place for more than 72 hours.
(3)Yara Wdsfe stored on the eit
sts r of a property in anything other than a
trash disposal con a(ner or bandies which could bbe broken dow and
bundled for longer than seven ots.Yarn waste may be retained for longer
than seven days If composting s ncopleted.Cor� stinghall pitW�rlfh thestateregulaitocontined in Chanter 165 of iHe Iowa Adminra-
tive Cooe.
(a)Composting.plies may include: yard waste illCluding leaves,grass r1g;
Plugs,straw and hay,sawdust,and finely choppetl shredded tree and shrub
prunlnys•kitchen scraps Including fruit and vegetable trimmings(including
rhubarb heaves),coffee grounds,and eggshells;shredded newspapers:woo
ashes(no more than one curper bushel of compost).
(b)er 1posling piles cannot include:human or animal feces;diseased plant
material or weeds that have gone to seed; kit hen sums. that include
animal meat,bones or tat;and all other materials not listed In subsection
a abo-e.
4 Sia_nant wafer on an pro rfY f r more ban 48 hours,Including any
open container or mate IaI kepttn such a condition that water can accumu-
late and stagnate therein,creating a breeding ground or habitat for insects
or rodents,
(5)The ossiructing or encumbering,br fences,buildings,structures,signs
or other3se,of file public streets ant r fhts-of-ways.
(em5qin[ns on a sldeWaik longgrass
r thanitOPdaylfehphours after ttae Cessation of
the storm or cause of the accumulation.
(7) Depositing ice or snow from Private property,sidewalks,or driveways
onto the troveied way of a public street after the street has been cleared so
as to obstruct -Hats or Impede the Pa sage of vehicles upon the street or
alleyy or to crea e a hazardous condition tltereln.
(8)Vegetation ocated in the City right-N-way exceeding 12 inches in height
within one foot of the traveled portion of the street.Streets lest rated as no
pporktng may have vegetation exceeding 12 Inches in height within one foot of
the traveletl portion of the street. Plantings flint cause satetr Issues would
he sub act to removal,regardless of height,at the City's discretion. Non-
vegatative materials such as trellises or chicken wire are prohibited in the
right-of-way.EExcepilons:those areas approved by the City as stormwater or
native vegetation preservation areas.
(9)Vegetation local d on private property hanging over publlc streets with
less than lb feet of clearance above the publlc stre t or vegefatiort located on
private property that hangs over or into public seidewniks with less than 8
feet of clearance above rho sidewalk.Sidewalks adlacent to Public streets
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that are sublect to funding or contract obligations may require additional
Clearance.
(10) Vines,brush or otPor v�noMon,including dead bushes,dead woody
p n5 overgrown or un imp us es,that restrict egress from or Ingress to
a gu lain through doors or belpw tirade 9gress 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 immedicte threat to the safety of persons
Org roper Y.
eray bcit
y f ous we a or any other plant deemed hazardous to persons or prop-
(l Cl
d)Any ex vatlon,hole,or other depression in the ground in or on any lot
or parcel Oland in the city of o depth of more than three feet below the
surr undipg grade,other than as part f the active construction of a building
or other structure on the lot which well ultimately close in and completely
cover such excavation,hole or d pr s Ion. Upon a finding by the enforce-
ment pfficer that the owner of t a fa(v or parcel of land has vl I t d the
such excavation, holesortdepp,resslon and gradelfieasomeitodat pellseipphl�
elevation eqqual to or level with the surrounding adlpcerlt grade.Exceptions:
egr ss WindoW wells,fire pits,or excavations completely secured by a fence
or similar method.
(15) Upholstered or finished furniture Intended for Indoor usa a such as
couches beds,mattresses,desks,chairs,shelving or wooden t tiles,other
household ftrnlsh(ngs or equipment including carpeting, gp illances and
Other tvpica household Items Intended for Indoor usage, placed or used
pu doors.
I7 ) unoccupied buildings or unoccupied portions of bullttings which are
innur d.Accessory structures on properties where the pr many structure
ssecoccupied are not considered unoccupied buildings.
(17) Anyerc structure Including detached accessory structures, on one
commercial,restden�lal,a ricuitural or Industrial property that,is not free
froit'I altnificant structural defects.The term "free from significant struc-
Turn a ecf"means*
a)The roof and roofing material are of such a nature and condition that
hey,do not permit water,snow or Ice to penetrate the stru ture. RoofE
materaa s shall be in goocl condition and made up of conslsrent matarta�s
appropr ate 10 the applicat on.
(b) gyro nage gutters and downapoyts,if present,are securely attached to
the structure and In proper function no order.
(0 All exterior trim and ext for exposed surfs es,including siding matert-
al,are sound dftdd securely a(Muched to the structure.
fineExteriorr wglls are free of holes and made of materials appropriate to
fine application.
(a)The foundation of the structure Is spurid capable of supporting the strur
Lure and not detirtoraterl to.the point that[+allure Is lud ed to be inevitable,
but not necessor ly ifman neat.The founcin lan Mil be plumb and free from
c asks,breaks said holes to prevent the entry of animals.
()Windows an doors are intact containing no holes,square) ti ng with
properly operati g latches or locks to be securely closed, anr�where The
ofirlll hf with nonholesgIn sofdrw ndow sutrface material No Wasticowrap matey
tat,tarps,plywood,or Aral or�emporary material shad be used to substi-
tute fo doorways or windows
((g)Aexierlor components serving doors and windows,including but not
Ilmit to,steps,porches,romps,tandin s,handrail,and guardrails are of
Isecure qn 1 safe design,be ode of standard but materials old be
ntact,with no protruding or nose boards or surface materials causing a
ha a d.
(h� xterlor all surfaces are proper) pQ lnted and/or mains fined with
appropriate egxterlor wail materials Inc u Fa
wood,vinyl,steel or metal
siding materials,stucco or exterior Insulation fins h s stem (EIFS materi-
als,brick or slmliar masonry materials,that are�n a�I cases Intact.Plastic
Wrap material shall not be considered an acceptable sidin material.
(i)A11 fencing, Imncluding galgs,are In good condition,free from damnge,
br aks,holes or 1 ssins structural members so as not to create a hazard for
adsacent Pro pert as. All fencing shall be of materials appropriate to the
(I p1 anon.
(I) II exterior wires on the exterior of the structure ore fastened to the
sir�icture.
(18)GrnffEtl which is visible to The public view and has plot been removed
wit In sevepr(7)days of notificallun by the enforcement offlcar.
(19)Condit ions final create a fire hazard,as detarmin�d by the Fire Chtef or
fhe F re Chie's designee,or are In violation of Ames Municipal Code C1iap-
ter 8�iro Coae.
(20) Luminalres ralol in compliance with Ames Municipal Code Sec.29.411
u door Lighting odo.
(21)u Junked vehicles stored outdoors on private property for more than 48
hho rs.
Exceptions:
(a)Junked vehicles s1 red within a garage or other enclosed structure or
whichti are kept conceaPa and enclosed behind q ppaque wall at least s'x
feet in heifght,or complefelt'coy�red by alight-Biting opaque cloth vehic�a
cover or tl ht-fitting cloth tarpaulin
(b)Junk?a vehicles stared ulon the premises of a duly authorized salvage
yard or funk yard an mee tno the reauirements of the Ames Municipal
Code.
(22) Travel trailers, recreational vehicles boats, or at tr llerc not la
compliance with Ames Municipal Code ection J9.406(14) Manu acture
Home,Mgblle Homy,a d Recreational Veh cle Parking,
(23) obs ructions n I%a visibility triangle not incompliance with Ames
Municipal Code Se .2p9.400(S)Visibility at Intersections.
Sec.30.6.Responsirtilfty for abatement;oboterr1ent defined.
(1),The owner, ationt, eossee,occupant or otFier person In charge of any
bu[ding or premises where any of the actions forbidden by this chapter
er,st or whence any of such actions hpve originated,or any person responsi-
ble f`or the existence, origih or continuance of any of such actions, shall
correct,remove or abate such action without delay.
(2)Abatement may Include,but not be I no to to,repair,removal,cleaning,
exit erminat ng, cutting, mowing, grading,,draining, securing, repairing a '
butld'n or s rucf,re,barricading or f ncin ,removing dangerous portions
of buylal sor structures,and demolition of dangerous structures or aban-
doned buildings.
SeSc.30.7.Abatement by city after notice;procedure;payment of costs.
(11 In case of the (allure of any person to correct, remove or abate a
nu lance on written Issued by the enforcement officer sorvod In the
manner of an original notice,or by certified mail to the last known aadr ss
pf the owner,agent,lessee,occupant or other erson In charge of the yu'ield-
fno or premises where the nuisance exists on ddeslgnaling he time alt owed
or such removal correction or obat men{,the ime thus al�owed dependng
on the urgency o{the case,then an at once upon such failure the enforce-
ment officer sltgll( have the recourse to the remedies provided by law to
secure entry and cause the nuisance to be removed,corrected or abated.
{21 Emergency abatement procedure.When fife enforcement officer deter-
m nes thin a nuisance exists on a Property an contt Lutes an imminent and
compelling don 9er to health,safety,or welfare of perao s or property,the
on arc moni of Is authors$ed to abate or have abaterltha nuisance with-
fed prior notice and opportunity of hear ng.A notice of costs of abatement
will he sent to the property owner wHh1n 14 days of the abatement proce-
dure. The cost of any such emergency abatement procedure may be
assessed ayalnst fI1C property for c Ilectlon fn the some manner as property
taxes as set forth in State Code Sect?n 364.12(3)(h).
(3) Costs of abatement. AbotemonT cpps51S shall include, but shot( not be
,taxes
to the cost of re no o or el nafing the nuisance, the cost of
nvestigat�on,such as of a seorches,inspe4tlpn and testing,the costs of noti-
ficatlon,filing costs and other related arcmc, rative costs and any other
costs or ex ensos Incurred by the city In the abatement of the nuisance.
S5ec.30.6 AI+ ns Ot Appeal
(i)AP'41cation far Appeal.
AAny person order d to abate nut nce as pro idea fn Section 30.6 may
have p hearing be ore the Public Nuisance A> ail Board to determine if a
nuisance exists,q request for a hearing mus��e made in writing and deliv-
ered to the Building Officlal on or before the date stated In the notice of
abatement Issued by the City,or it shall be conclusively resumed that a
nuisance exists and that it must be abated as ordered.In tie case of emer-
gency abatement,a hearing mar,be r¢¢quested within 14 days of the mailing
date of the notice of costs of abatement.
Wilpin 14 days after The conclusion of the hearing,the Bpand Chairperson
shall render a written decision as to whether a nuisance exists.I(It Is found
by the Board that a nuisance exists It shall Include in the wrlttro decision
what steps must be taken to at the nuisance and the time within which
such steps must be taken. ,
(2 A potntnient and Membership of the Board.
(a flee Public Nuisance Appeals Board shall consist of seven 1embers w 10
represent the citizens of the City of Ames and who are not employees of Y�te
CITY of Ames.Thhe Bo rd shall be appointed and shall serve terms in accor-
dance with establtsherlProcedures.
((h}) eoprd members shall be appointed by the Mayor with approval of the
City Council.Tina Term of office shall be for three(3)years except for the
terms of office for the Boor"when In established.For the Board when
InilidllY established,The Mayor may prescribe a shorter than a full term of
appoin inept in order to stggger terms.No member who has served two(2)
fulIl c nsecutive terms Is eligible for reappointment.
(c)lusamba shin shall consist of seven t7)members,one from each of the
four 114)wards,and three(3)from the City al large.
{{3)Chairperson.
the Board shall a nunlly select one of Ifs members to serve as Chairperson.
The Board shall also select one of Its members to serve as Vice Chairperson
I
i
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to act as C iairperson in the absence of the Chairperson.
' (4)Disc
ual lficoflon of Member.
i A member shall not hear an appeal in which lhgt me ber or an Immediate
family member has a personal,professional or fmancia�Interest.
(S)Secferrary.
The Building Official shall deslgnpto qualifie�dd person to serve as Secretary
fo the Board.The Secretary shall fl�e a data record of all proceedings
with the CRY Clerk's Office.
(6)Compensation of Members.
hMAembers shall receive no compensation.
(7)Meefing of te Board.
The Board shall�meet upon notic from theBuilding Official within 20 days
wave al�Imelynearping by IF 1, afwrilien waiveraexplciiningalhe cause for
seeking a delay.
(0)Procedure.
Th Bard shall Nut and moke available to the public,procedures under
whe(ch�iearings wll oe conducted.
9 Board ecisionihorityority to affirm or reverse the decision of the Enforce-
• '• m p1 Officer or to grant additional time for abatement.
(1�)Stay of Enforcement.
AppeqIs of a notice and order#other than an Imminent Danger notice)shall
stay the enforcement of the no Ice and order until the appeal is heard y the
Board.
r(11)Filing Fees. (
Pro pa owners are entifaedl to file one arr same cast as 1viclatistedion,.at n
dix L upDf 1Fle Ames Mu nl lclpndlt(Code for appeals to the Housing Code Board of
Aopeals.
Sec.13406.EXTFRIOR PROPERTY AREAS
�Ill Motor vehic es.
o or vehicles mgsj be parked stor civinndbmaintain Nuisances accord with Ames
C W of Ames Mu pis pal Code C�apte
Secfyon Two Violation of the prov)swns o�Ilk
ordinance shall constitute a
Mu
cipal m}ract an punishable as se10
out nth ordinance.
Sectlan Tltroe.A�I ordinances, o parts of if I t ances,in con111d herewith
are hereby repealed to the extent of such confllcL If env.
Section Four.This ordinance mall pe In full force and effect tram January 1,
2024,after its ppassage antl publication as roqulred by law.
Passed Ill's 121h dqy pf September,2023.
Renee Ha I City C er John A.Hallo,Ma or
published In the Ames Tribune{1T)September 19,2023
I