City of Glenwood Nuisance Abatement Procedure

CODE OF ORDINANCES

CITY OF GLENWOOD

CHAPTER 50

50.01 DEFINITION OF NUISANCE

Whatever is injurious to health, indecent, or unreasonably offensive to the senses, or an obstruction to the free use of property so as essentially to interfere unreasonalby with the comfortable enjoyment of life or property is a nuisance.

50.03 OTHER CONDITIONS

The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions which are deemed to be nuisances:

1. Inoperable Vehicles and Junk (Chapter 51)

2. Dangerous Buildings (Chapter 145)

3. Storage and Disposal of Solid Waste (Chapter 105)

4. Trees (Chapter 151)

5. Drug Paraphernalia (Chapter 52)

50.04 NUISANCES PROHIBITED

The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State law.

50.05 NUISANCE ABATEMENT

Whenever the Mayor or other authorized municipal officer finds that a nuisance exists, such officer may cause to be served upon the property owner, or any person in possession thereof, a written notice to abate the nuisance within a reasonalbe time after notice.

50.06 NOTICE TO ABATE: CONTENTS

The notice to abate shall contain:

1. Description of Nuisance. A description of what constitutes the nuisance.

2. Location of Nuisance. The location of the nuisance.

3. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.

4. Reasonable Time. A reasonable time within which to complete the abatement.

5. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made whichin the time prescribed, the City will abate it and assess the costs against such person.

6. Notice of Subsequent Violation. A statement that in the event such nuisance is abated by the City, a subsequent like nuisance which occurs on the same property within 365 days of the date of the notice may be abated by the City without prior notice to such person and with the costs assessed to such person.

50.07 METHOD OF SERVICE

The notice may be served upon the property owner or person in possession thereof by personal service, certified mail, regular mail or publication in the Glenwood Opinion Tribune. If the owner of the property or the person in possession thereof is unknown or their whereabouts are unknown, notice may be provided by posting a dated and signed placard in a conspicuous place on the property in violation of this chapter.

50.08 REQUEST FOR HEARING

Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.

50.09 ABATEMENT IN EMERGENCY

If it is determined that an emergency exists by reason of the continuing maintenence of the nuisance or condition, the City may perform any action which may be required under this chapter without prior notice. The City shall assess the costs as provided in Section 50.11 after notice to the property owner under the applicable provisions of Sections 50.05, 50.06 and 50.07 and hearing as provided in Section 50.08.

50.10 ABATEMENT BY CITY

If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk who shall pay such expenses on behalf of the City.

50.11 COLLECTION OF COSTS

The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one (1) month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner, as general property taxes.

50.13 FAILURE TO ABATE

Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinances.

50.14 FINE FOR FAILURE TO ABATE

Any person who fails to abate either a public or private nuisance, after (1) being served with a notice to abate and not requesting a hearing within the time prescribed in the notice as provided in Section 50.08, or (2) after being ordered to abate a nuisance by the Council after hearing and within the time so provided in the order of the Council, shall be subject to the fine as established in Section 1.10 of this Code of Ordinances. Every day that the nuisance continues after the date of (1) or (2) above, shall be considered a separate violation of this section. The issuance of a complaint or citation under this section shall not be considered the sole remedy of the City and shall not be deemed to restrict the City's ability to seek additional relief under this statute or the Code of Iowa.

50.15 SUBSEQUENT VIOLATION WITHIN 365 DAYS

If a person allows a subsequent nuisance to exist within 365 days of being served with a previous nuisance abatement notice involving the same subject matter and property as the previous nuisance and for which the City abated the previous nuisance pursuant to Section 50.10, the City shall have the right to abate the subsequent nuisance without prior notice to such person and to immediately certify the costs therof to the County Treasurer.