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HomeMy WebLinkAbout~Master - Relating to Nuisances, Repealing Certain Sections of Ordinance 549 7 � ! TEMPORARY ORD. NO. 23 Permanent Ord. No. 774 AN ORDINANCE DEFINING CERTAIN NUISANCES AND PROHIBITING SAME i CREATING PROCEDURE FOR THE ABATEMENT THEREOF, PROVIDING FOE, THE ASSESSMENT OF THE COST OF ABATEMENT, REPEALING SUBSECTION$ I 1, 3, 5, 6, AND 7 OF SECTION 1, AND SECTIONS 2, 3, 4 AND 5 OF OR.DINANC E NUMBER 549 AND ALL OTHER. ORDINANCES IN CONFLICT HEREWITH AND PRESCRIBING PENALTIES FOR VIOLATION OF THIS ORDINANCE. i BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. The following are hereby declared and deemed to be public nuisances and may be abated as herein provided. i i Section 1. 1. The erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture, which, by occasion- ing noxious exhalations, offensive smells, or other annoyances, becomes injurious ' and dangerous to the health, comfort, or property of individuals or the public is a public nuisance. I Section 1. 2. Obstructing Waterways. The obstructing or impeding without' legal authority the passage of any navigable river, harbor, or collection of water, or obstructing a natural water course so as to endanger personal property or cause a retarding or prevention of the natural flow of surface water is a public nuisance. i i Section 1. 3. Obstructing Public Property. The obstructing or incumber in by fences, buildin-'s, or otherwise the public roads, private ways, streets, alleys, commons, landing places, or burying grounds, except when the same shall be allowed by the city council for the public good are public nuisances, i i Section 1. 4. Illegal Houses. Houses of ill fame, kept for the purpose of prostitution and lewdness, gambling houses, or houses resorted to for the use of opium, hasheesh, or other narcotics or houses where drunkenness, quarreling, fighting, or breaches of the peace are carried on or permitted to the disturbance of others are public nuisances. Section 1. 5. Billboards, Signboards, etc. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highwa�, boulevard, or alley or of a railroad or street n railway traci: or conflict witli trUffic signs, lights or signals as to render dangerous the use thereof are public nuisances. Section 1. 6. Cotton-bearing Trees. Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees are public nuisances. i Section 1. 7. Weeds and Brush. Dense growth of all weeds, vines, brush, or other vegetation so as to constitute a health, safety or fire hazard is a public nuisance. Section 1. U. Storage of Junk. The depositing or storage of imflammable junk, such as old rags, rope, cordage, rubber, bones, and paper by dealers in such articles within the limits of Fire District No. 1 of the Cityof Ames, unless it be in a building of noncombustible construction, is a public nuisance. Section 1. 9. Places for Use of Narcotics. Any store, shop, warehouse, dwelling house, building, vehicle, or any place whatever, which is resorted to j by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same is a public nuisance. Section 2. Notice to Abate. Whenever any public nuisance as defined in this ordinax--e is found upon any private property, the mayor or city council or any agent, designated by them may serve or cause to be served upon the owner, agent ,I I I I " I or occupant of the property on which said nuisance is located, or on the person causing or maintaining the same, a notice in writing, by reading such notice, and I delivering, or offering to deliver, a copy requiring the abatement or removal of fied time, from the service of such notice. the nuisance within a speci I Section 3. Authority to Abate. If such owner, agent, occupant, person causing or maintairin%uch nuisance neglects or fails to abate or remove such nuisance within the time specified from the time of service of such notice for the removal or abatement thereof, the authorized person notifying such ovaier, agent, occupant, or person causing or maintain such nuisance shall cause the same to be removed or abated, keeping an actual account of the expenses incurred! for such removal or abatement and filing a verified statement, fully itemized, with II ithe costs, with the city clerk. Section 4. Certification of Costs to County Auditor. If the Cityof Ames shall pay for the costs of abatement, the amount of the same shall be a debt due the municipality from the owner of said loi or parcel of ground or person causing ce. An itemized statement for the amount d shall be or maintaining the nuisan such lot or parcel presented to the owner, agent, or occupant of ground o person causing or maintaining the nuisance. If the same is not paid within twenty days, the amount shall be levied by the City Council and certified by the city cler to the county auditor as a special tax against such lot or parcel of ground or the jperson causing or maintaining the nuisance and shall be collected the same as other taxe s. I Section 5. :Penalty. In addition to the right of abatement, any one violatin any of the provisions of this ordinance shall, upon conviction, be subject to imprisonment not exceeding thirty days or to a fine not exceeding $100. 00. Section 6. repeal, Sub-sections 1, 3, 5, b and 7 of Section 1 and Sections' 2, 3, 4, and 5 of Ordinance No. 549 and all other ordinances or parts of { ordinances in conflict with this ordinance are hereby repealed. I hall be in full force and effect from and after Section 7. This ordinance s the passage and publication as provided by law. Passed this llth day of January, 1955. i J, P. Lawlor, Mayor J, Prather, City Clerk I by Griffith and seconded by Judge that Tempoary Ord. No. 23 be passed �M�oved its first readrg. i Voting Aye: Griffith, Judge, Smith, Bolton and Bliss Voting Nay: None Absent: De Hart Moved by Smith and seconded by Bolton that the rules governing the passage of ordinances be suspended, the second and third readings omitted, and Temporary Ord. No. 23 be placed on its final passage. Voting Aye: Griffith, Judge, Smith, Bolton and Bliss Voting Nay: Nne Absent: De Hart Moved by Bliss and seconded by Judge that Temporary Ord. No. 23 donowpass. Voting Aye: Griffith, Judge, Smith, Bolton and Bliss I Voting Nay: None _i°,bsent: De Hart I Mayor Lawlor declared Temporary Ord. No. 23 duly adopted.