TITLE VIII HEALTH AND SAFETY Chapters:

8.04 Dutch Elm Disease

8.08 Nuisances

8.12 Inoperable Motor Vehicle Storage

8.16 Dangerous Buildings

Chapter 8.04 Dutch Elm Disease Sections:

8.04.010 Public nuisance declared

8.04.020 Nuisance-prohibited

8.04.030 Inspection

8.04.040 Nuisance-abatement-procedure

8.04.050 Nuisance-abatement-interference prohibited

8.04.060 Trimming trees-supervised

8.04.070 Removal of trees

8.04.010 Public nuisance declared. The council, having determined that the health of the elm trees within the city is threatened by a fatal disease known as Dutch Elm Disease, hereby declares the following shall be removed as public nuisances:

A. Any living or standing elm tree or part thereof infected with the Dutch Elm Disease fungus or which harbors any of the elm bark beetles, that is scolytus multistriatus (eichb.) or lylurgopinus rufipes (marsh);

B. Any dead elm tree or part thereof including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying insecticide.

8.04.020 Nuisance-prohibited . No person, firm or corporation shall permit any tree or material as defined in Section 8.04.010 to remain on the premises owned, controlled, or occupied by him within the city. (Code of Iowa, 1991, Sec. 364.l2(3)(b))

8.04.030 Inspection . The chairman of the park committee of the city council (in this chapter called inspector) shall inspect or cause to be inspected all premises and places within the city to determine whether any public nuisance as defined in Section 8.04.010 exists thereon, and shall also inspect or cause to be inspected any elm trees reported or suspected to be infected with the Dutch Elm Disease or any elm bark bearing material reported or suspected to be infected with the elm bark beetles.

8.04.040 Nuisance-abatement-procedure

A. If the inspector upon inspection or examination in person or by some qualified person acting for him, determines that any public nuisance as defined in Section 8.04.010 exists in or upon any public street, alley, park or any public place, including the strip between the curb and the lot line of private property, within the city and that the danger to other elm trees within the city is imminent, he shall immediately cause it to be removed and burned or otherwise abate the same in such manner as to destroy or prevent as fully as possible the spread of Dutch Elm Disease or the insect pests or vectors known to carry such disease fungus.

B. If the inspector upon inspection or examination in person or by some qualified person acting for him, determines with reasonable certainty that any public nuisance as defined in Section 8.04.010 exists in or upon private premises and that the danger to other elm trees within the city is imminent, he shall immediately serve or cause to be served upon the owner or contract purchaser a written notice either personally or in the manner of service of original notice to abate such nuisance within fifteen days of service of said notice. If such owner or contract purchaser of said property fails to comply with said notice within fifteen days of receipt thereof, the council, upon notice and hearing, may cause the nuisance to be removed and the cost assessed against the property.

C. If the inspector is unable to determine with reasonable certainty whether or not a tree in or upon private premises is infected with Dutch Elm Disease, he is authorized to to remove or cut specimens from said tree and obtain a diagnosis of such specimens.

8.04.050 Nuisance-abatement-interference prohibited . It is unlawful for any person, firm or corporation to hinder, obstruct or otherwise interfere with the agents or employees of the city while engaged in carrying out the provisions of this chapter upon order of the council made thereunder.

8.04.060 Trimming trees-supervised . It shall be unlawful for any person to trim or cut any tree in a street or public place unless the work is done under the supervision of the city.

8.04.070 Removal of trees . The inspector shall remove, on the order of the council, any tree on the streets of the city which interferes with making of improvements or with travel thereon. He shall additionally remove any trees on the street, not on private property, which have become diseased or which constitute a danger to the public or which may otherwise be declared a nuisance. (Code of Iowa, 1991, Sec. 364.12(2)(c) & 372.13(4))

Chapter 8.08 Nuisances Sections:

8.08.010 Definitions

8.08.020 Nuisances prohibited

8.08.030 Other conditions prohibited

8.08.040 Abatement-notice-authorized

8.08.050 Abatement-notice-contents

8.08.060 Abatement-notice-service

8.08.070 Abatement request for hearing and appeal

8.08.080 Abatement-emergency

8.08.090 Abatement-Municipal action-authorized

8.08.100 Abatement-Municipal action-assessment

8.08.110 Abatement-Municipal action-payment

8.08.010 Definitions . For use in this chapter, the following terms are defined:

A. "Nuisance" shall mean whatever is injurious to health, indecent or offensive to the senses, or an obstacle to the free use of property so as to substantially interfere with the quiet enjoyment of life or property. The following are declared to be nuisances: (Code of Iowa, 1991, Sec. 657.1)

1. The erecting, continuing or using 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. (Code of Iowa, 1991, Sec. 657.2(l))

2. The causing or suffering any offal, filth or noisome substance to be collected or to remain in any place to the prejudice of others. (Code of Iowa, 1991, Sec. 657.2(2))

3. The obstructing or impeding without legal authority the passage of any navigable river, harbor or collection of water. (Code of Iowa, 1991, Sec. 657.2(3))

4. The corrupting or rendering unwholesome or impure the water of any river, stream or pond, or unlawfully diverting the same from its natural course or state to the injury or prejudice of others. (Code of Iowa, 1991, Sec. 657.2(4))

5. The obstructing or encumbering by fences, buildings or otherwise the public roads, private ways, streets, alleys, commons, landing places or burying grounds. (Code of Iowa, 1991, Sec. 657.2(5))

6. 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, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof. (Code of Iowa, 1991, Sec. 657.2(7))

7. Cotton bearing cottonwood trees and all other cottonwood trees and all other cotton bearing poplar trees. (Code of Iowa, 1991, Sec. 657.2(8))

8. Abandoning or otherwise leaving unattended any refrigerator, ice box, or similar container with doors that may become locked outside of buildings and accessible to children, or allowing any such refrigerator, ice box, or similar container to remain outside of buildings on premises in the person's possession or control, abandoned or unattended, and so accessible to children. (Code of Iowa, 1991, Sec. 727.3)

9. The depositing or storing of inflammable junk such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the city unless it be in a building of fireproof construction. (Code of Iowa, 1991, Sec. 657.2(10))

10. The emission of dense smoke, noxious fumes or fly (Code of Iowa, 1991, Sec. 657.2(11))

11. Dense growth of all weeds, vines brush or other vegetation in the city so as to constitute a health, safety or fire hazard. (Code of Iowa, 1991, Sec. 657.2(13))

12. Any object or structure hereafter erected within 1,000 feet of the limit of any municipal or regularly established airport or landing place which may endanger or obstruct aerial navigation, including take-off and landing; unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located. (Code of Iowa, 1991, Sec. 657.2(9))

13. Houses of ill fame kept for the purpose of prostitution and lewdness, gambling houses, or houses resortedto for the use of controlled substances in violation of state law or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others. (Code of Iowa, 1991, Sec. 657.2(6); 725.4 & 725.5)

14. All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached.

8.08.020 Nuisance prohibited . The creation or maintenance of a nuisance is prohibited and a nuisance, public or private, may be abated in the manner provided in this chapter or state (Code of Iowa, 1991, Sec. 364.1 and 657.3)

8.08.030 Other conditions prohibited . The following actions are required and prohibited conditions may also be abated in the manner provided in this chapter:

A. The removal of diseased trees or dead wood, but not diseased trees and dead wood outside the lot and property lines and inside the curb lines upon the public street.

B. The removal, repair or dismantling of a dangerous building or structure.

C. The numbering of buildings.

D. The connection to public drainage systems from abutting property when necessary for public health or safety.

E. The connection to public sewer systems from abutting property, and the installation of sanitary toilet facilities and removal of other toilet facilities on such property.

F. The cutting or destruction of weeds or other growth which constitutes a health, safety or fire hazard.

8.08.040 Abatement-notice-authorized . Whenever the mayor or other authorized municipal officer finds that a nuisance exists, he shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice. (Code of Iowa, 1991, Sec. 364.12(3)(h))

8.08.050 Abatement-notice-contents . The notice to abate shall contain: (Code of Iowa, 1991, Sec. 364.l2(3)(h))

A. A description of what constitutes the nuisance or other condition.

B. The location of the nuisance or condition.

C. A statement of the act or acts necessary to abate the nuisance or condition.

D. A reasonable time within which to complete the abatement.

E. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the city will abate it and assess the costs against such person.

8.08.060 Abatement-notice-service . The notice may be in the form of an ordinance or sent by certified mail to the property owner as shown by the records of the county auditor. (Code of Iowa, 1991, Sec. 364.l2(3)(h))

8.08.070 Abatement-request for hearing and appeal

A. Any person ordered to abate a nuisance or condition may have a hearing with the officer ordering the abatement as to whether a nuisance or prohibited condition exists. A request for a hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice, or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered.

B. At the conclusion of the hearing, the hearing officer shall render a written decision as to whether a nuisance or prohibited condition exists. If he finds that a nuisance or prohibited condition exists, he must order it abated within an additional time which must be reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the hearing officer. This appeal will be heard before the city council at a time and place fixed by the council. The findings of the council shall be conclusive and, if a nuisance or prohibited condition is found to exist, it shall be abated within a time reasonable under the circumstances.

8.08.080 Abatement-emergency . If it is determined that an emergency exists by reason of the continuing maintenance 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 8.08.100 after notice to the property owner under the applicable provision of Sections 8.08.040 and 8.08.050 and hearing as provided in Section 8.08.070. (Code of Iowa, 1991, Sec. 364.12(3)(h))

8.08.090 Abatement-Municipal action-authorized . 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 expenses incurred. The itemized expense account shall be filed with the clerk who shall pay such expenses on behalf of the city. (Code of Iowa, 1991, Sec. 364.l2(3)(h))

8.08.100 Abatement-Municipal action-assessment . The clerk shall send a statement of the total expenses 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 month, the clerk shall certify the costs to the county auditor and it shall then be collected with, and in the same manner as general property taxes. (Code of Iowa, 1991, Sec. 364.12(3)(h))

8.08.110 Abatement-Municipal action-payment If the amount expended to abate the nuisance or condition exceeds $100.00, the city shall permit the assessment to be paid in up to ten (10) annual installments to be paid in the same manner, and with the same interest, as general property taxes for the benefited property. (Code of Iowa, 1991, Sec. 364.13)

Chapter 8.12 Inoperable Motor Vehicle Storage Sections:

8.12.010 Purpose

8.12.020 Inoperable motor vehicle defined

8.12.030 Inoperable motor vehicles declared a nuisance

8.12.050 Exceptions

8.12.050 Penalty

8.12.060 Enforcement procedure

8.12.070 Repealer

8.12.080 Severability clause

8.12.090 When effective

8.12.010 Purpose . The purpose of this chapter is to protect the health, safety and welfare of the citizens, particularly children, of the city and to prevent the reduction of property values and elimination of fire hazards by preventing and eliminating the open storage of inoperable vehicles except as authorized herein.

8.12.020 Inoperable motor vehicle defined . For use in this Chapter the term "inoperable motor vehicle" shall mean any motor vehicle stored within the corporate limits of Primghar not licensed for the current year, as required by law, and which, because of any one of the following characteristics, constitutes a threat to the public health and safety:

A. Any vehicle with broken windows or windshield glass or a broken headlight or taillight with exposed sharp or jagged edges.

B. Any vehicle which lacks functional and useable wheels and tires.

C. Any vehicle with broken or loose parts which constitute a danger because of exposed sharp or jagged edges or which make any interior portion of the vehicle, including the trunk and engine area, accessible to children or animals.

D. Any vehicle which has become the habitat of rats, mice or snakes or any other vermin or insect.

E. Any vehicle which contains gasoline or any other flammable fuel.

F. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

8.12.030 Inoperable motor vehicles declared a nuisance It is hereby declared that storage within the corporate limits of an inoperable motor vehicle upon private property unless excepted by this chapter constitutes a threat to the health and safety of the citizens of Primghar and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any inoperable motor vehicle is stored upon private property in violation hereof, the owner or person in control of the property upon which it is stored shall be prima facie liable for said violation. (Code of Iowa, 1991, Sec. 36h.l2(3)(a))

8.12.040 Exceptions . The provisions of this chapter shall not apply to an inoperable motor vehicle stored within:

A. A garage or other enclosed structure.

B. An auto salvage yard or junk yard legally operated within the City.

8.12.050 Penalty . Any person who owns or controls property upon which there exists an inoperable motor vehicle in violation of this chapter shall be deemed guilty of a simple misdemeanor and, upon conviction, shall be subject to imprisonment not exceeding thirty (30) days or a fine not exceeding $100.00. Each day upon which a violation exists shall be deemed a separate offense.

8.12.060 Enforcement procedure . The primary responsibility for enforcement of the provisions of this ordinance shall be in the O'Brien County Sheriff who shall enforce the provisions of this chapter by following the following procedure:

A. The Sheriff shall investigate any complaints of violations of this chapter and shall independently inspect to determine violations of this chapter.

B. If the Sheriff finds a violation to exist, he shall give written notice of such violation by United States mail, return receipt requested, to the owner of the property upon which the violation exists as shown by the transfer book of the O'Brien County Auditor, and he shall also deliver a copy of said notice to the person in possession of the premises, or if no one occupies the premises he shall post such notice on the door of the principal building located on the premises or upon the violating motor vehicle.

C. Such notice shall advise the affected parties that the motor vehicle appears to constitute a violation of this ordinance and direct its removal within seven (7) days of the date the notice is mailed, delivered or posted, whichever is later.

D. If there is not a compliance with the notice within the time prescribed, the Sheriff shall deliver his report of the violation, together with copies of the notices given and the dates thereof, to the City Attorney.

E. The City Attorney shall then review all such reports received from the Sheriff and if he concludes that a violation of this chapter does exist, he shall file appropriate criminal complaints accordingly.

8.12.070 Repealer . All ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed.

8.12.080 Severability clause . If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

8.12.090 When effective . This chapter shall be in effect after its final passage, approval and publication as provided by

Chapter 8.14 inserted 10/25/2002. See Minutes for adoption date.

ORDINANCE NO. ________

Chapter 8.14 Junk

Sections:

8.14.010 Purpose

8.14.020 Definition of junk

8.14.030 Enforcement procedure

8.14.040 Penalty

8.14.050 Repealer

8.14.060 Severability clause

8.14.070 When effective

8.14.010 Purpose. The purpose of this ordinance is to prevent the accumulation of junk and to protect the public health, safety, welfare, aesthetics, and property values within the city.

8.14.020 Definition of junk. For purposes of this ordinance junk is defined as:

A. Any discarded or salvaged material or fixtures, obsolete or inoperable machinery or parts thereof, vehicle parts, or scrap metal.

B. Any material that has lost its value for the original purpose for which it was created or manufactured, or for its redesigned use, combustible or non-combustible, which is not securely stored in a building for prompt disposal or resale, including but not limited to paper, cardboard, plastic, metals, glass, yard clippings, leaves, woody vegetable trimmings, and other plant wastes which have not been properly composted; vegetable or animal waste resulting from the handling, processing, storage, preparation, serving, or consumption of food; crockery; bedding, furniture, or appliances; offal; rubbish; ashes or incinerator residue; construction debris; accumulation of animal feces; dead animals; or wastes from commercial or industrial processes.

8.14.030 Enforcement procedure. The primary responsibility for enforcement of the provisions of this ordinance shall be in the O'Brien County Sheriff who shall enforce the provisions of this chapter by following the following procedure:

A. The Sheriff shall investigate any complaints of violations of this chapter and shall independently inspect to determine violations of this chapter.

B. If the Sheriff finds a violation to exist, he shall give written notice of such violation by United States mail, return receipt requested, to the owner of the property upon which the violation exists as shown by the transfer books of the O'Brien County Auditor, and he shall also deliver a copy of said notice to the person in possession of the premises, or if no one occupies the premises he shall post such notice on the door of the principal building located on the premises, or on or near the junk.

C. Such notice shall advise the affected party that the junk as defined in this ordinance appears to constitute a violation of this ordinance and direct its removal within seven (7) days of the date the notice is mailed, delivered or posted, whichever is later.

D. If there is not a compliance with the notice within the time prescribed, the Sheriff shall deliver his report of the violation, together with copies of the notices given and the dates thereof, to the City Attorney.

E. The City Attorney shall then review all such reports received from the Sheriff and if he concludes that a violation of this chapter does exist, he shall file appropriate criminal complaints accordingly.

8.14.040 Penalty. Any person, corporation or other legal entity that owns or controls property upon which there exists junk in violation of this chapter shall be guilty of a simple misdemeanor and, upon conviction, shall be subject to a fine of at least fifty dollars ($50) but not to exceed five hundred dollars ($500). The court may order imprisonment not to exceed thirty (30) days in lieu of a fine or in addition to a fine. Each day upon which a violation exists shall be deemed a separate offense.

8.14.050 Repealer. All ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed.

8.14.060 Severability clause. If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

8.14.070 When effective. This chapter shall be in effect after its final passage, approval and publication as provided by law.

Chapter 8.16 Dangerous Buildings

Sections:

8.16.010 General definition of unsafe

8.16.020 Enforcement officer

8.16.030 Unsafe building-criteria

8.16.040 Notice to owner

8.16.050 Conduct of hearing

8.16.060 Posting of signs

8.16.070 Right to demolish

8.16.080 Costs

8.16.010 General definition of unsafe . All buildings or structures which are structurally unsafe or not provided with dequate egress, which constitute a fire hazard, are otherwise dangerous to human life, which in relation to existing use, constitutes a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment as specified in this chapter or any other ordinance, are for the purposes of this chapter, unsafe buildings. All such unsafe buildings are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified in this chapter. (Code of Iowa, 1991, Sec. 657.1 & 364.12(3)(a))

8.16.020 Enforcement officer . The city clerk shall be responsible for enforcement of this chapter.

8.16 030 Unsafe building. "Unsafe building" shall mean any structure or mobile home meeting any or all of the following criteria:

A. Whenever any portion or member or appurtenance thereof is likely to fall, to become detached or dislodged, or to collapse and thereby injure persons or damage property.

B. Whenever any portion of a building or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached or fastened in place so as to be capable of resisting a wind of twenty (20) pounds per square foot.

C. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

D. Whenever the building or structure or any portion thereof because of

(1) dilapidation or decay;

(2) faulty construction;

(3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

(4) the deterioration, decay or inadequacy of its foundation; or,

(5) any other cause, that is likely to partially or completely collapse.

E. Whenever, for any reason, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is being used.

F. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

G. Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its non-supporting members, enclosings or outside walls or coverings.

H. Whenever the building or structure has been damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated so as to become

(1) an attractive nuisance to children;

(2) a harbor for vagrants, criminals, or immoral persons; or as to

(3) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

I. Whenever a building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or otherwise, is determined by any health officer to be unsanitary, unfit for human habitation, or in such condition that is likely to cause sickness or disease.

J. Whenever a building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exists, lack of sufficient fire-resistant construction, faulty electric wiring, gas connections or heating apparatus, or cause, is determined by the Fire Chief to be a fire hazard.

K. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

L. Whenever any portion of a building or structure remains on site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

8.16.040 Notice to owner . The enforcement officer shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this chapter, the enforcement officer shall give to the owner of such building written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises within forty-eight (48) hours or such reasonable time as the circumstances require, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within ninety (90) days from the date of notice unless otherwise stipulated by the enforcement officer. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not re-occupied until the required repairs and improvements are completed, inspected and approved by the enforcement officer.

A. Such notice shall be served in the manner of the service of an original notice or by registered mail to the owner of record according to Section 364.12(3)(h) of the Code of Iowa, if he shall be found within the city limits. If he is not found