[HISTORY: Adopted by the City Council of the City of Marion
by Ord. No. 18-15 (Ch. 50 of the
2000 Code[1]). Amendments noted where applicable.]
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 unreasonably with the comfortable enjoyment
of life or property is a nuisance.
[Ord. No. 02-21; Ord. No. 03-02; Ord. No.
05-38; Ord. No. 07-20; Ord. No. 11-05; Ord. No. 21-08; 6-9-2022 by Ord. No. 22-07; amended 3-23-2023 by Ord. No. 23-02]
Examples of nuisances include, but are not limited to, the following:
A.
All diseased animals running at
large.
B.
All ponds or pools of stagnant
water.
C.
Carcasses of animals not disposed
of within 24 hours after death as provided by law.
D.
Accumulations of refuse, including
junked, abandoned or inoperable vehicles.
E.
The pollution of any public well
or cistern, stream, lake, canal or body of water by sewage, creamery
or industrial wastes, or other substances.
F.
Dense smoke, noxious fumes, gas
and soot, or cinders, in unreasonable quantities.
G.
Any violation of § 268-17, Prohibited conduct, of Chapter 268, Solid Waste, of the Code of Ordinances.
H.
All snow and ice not removed from
public sidewalks 36 hours after the accumulation.
I.
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.
J.
All limbs of trees which are less
than eight feet above the surface of any public sidewalk or street.
L.
All buildings, walls, and other
structures which have been damaged by fire, decay or otherwise to
an extent exceeding one-half their original value, and which are so
situated as to endanger the safety of the public.
M.
All explosives, inflammable liquids
and other dangerous substances stored in any manner or in any amount
other than that permitted by this Code.
N.
All use or display of fireworks
except as permitted by law or this Code.
O.
Using nondisplay fireworks or
allowing nondisplay fireworks to be used on any premises on dates
and times not permitted by this Code of Ordinances or in violation
of any state, federal or local law, code or ordinance.
P.
All loud or unusual and unnecessary
noises.
Q.
Obstruction and excavations affecting
the ordinary use by the public of streets, alleys, sidewalks or public
grounds except under such conditions as are permitted by this Code.
R.
Any use of property abutting on
a public street or sidewalk or any use of a public street or sidewalk
which causes large crowds of people to gather, obstructing traffic
and free use of the streets and sidewalks.
S.
Failure to pay to the City of
Marion, when due, any fee or fine required by the Code of Ordinances.
T.
Maintaining any violation of the
Code of Ordinances.
U.
Failure to install any improvement required by Chapter 284, Subdivision of Land, other provisions of the Municipal Code, or any memorandum of agreement.
V.
All noxious weeds and all weeds,
vines, brush, dead or diseased trees, rank growth or objectionable
vegetation which constitutes a health, safety, fire hazard, is injurious
to the senses, and objection to the free use of property or interferes
with the comfortable enjoyment of life or property.
W.
All trees, including dead or diseased,
fallen trees or limbs or leaning trees, which constitutes a hazard
of blocking or damming any stream over which there is a bridge, during
a heavy rain or a flooding event.
X.
Maintaining a structure in a partially
or otherwise incomplete condition after the expiration of the building
permit to erect said structure.
Y.
Discharge of downspouts less than
three feet to adjoining property lines or discharge of a sump pit
less than 10 feet to adjoining property lines.
Z.
Owning, creating or maintaining
a nuisance property as defined in this chapter.
AA.
Any attractive nuisance dangerous to children in the form of abandoned
vehicles, abandoned or broken equipment, including abandoned refrigerators,
hazardous pools, ponds, excavations, materials, including building
material, debris, or neglected machinery.
[Added 7-20-2023 by Ord.
No. 23-16]
BB.
Any discarded or unused material on real property that is not consistent
with the condition and visual appearance of surrounding adjacent real
properties. Types of unacceptable materials include dirt and gravel
piles, rock piles, incomplete landscaping projects, eroded soil areas,
pits, holes, and excavations.
[Added 7-20-2023 by Ord.
No. 23-16]
CC.
The causing of the accumulation of building debris and/or construction
materials, tools, equipment, or machinery on any property within the
City limits of the City after the expiration of a building permit,
the occasioning of which becomes injurious and dangerous to the health,
comfort, or property of individuals or the public.
[Added 7-20-2023 by Ord.
No. 23-16]
[Amended 3-23-2023 by Ord. No. 23-02]
The following chapters and articles of this Code of Ordinances
contain regulations prohibiting or restricting other conditions which
are deemed to be nuisances:
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.
Whenever the Mayor, City Manager or other authorized municipal
officer finds that a nuisance exists, such officer shall cause to
be served upon the property owner a written notice to abate the nuisance
within a reasonable time after notice.
[Amended 3-23-2023 by Ord. No. 23-02]
The order to abate shall contain:
A.
Description of nuisance. A description
of what constitutes the nuisance.
B.
Location of nuisance. The location
of the nuisance.
C.
Acts necessary to abate. A statement
of the act or acts necessary to abate the nuisance.
D.
Reasonable time. A reasonable
time within which to complete the abatement.
E.
Right to request hearing. A statement
advising that there is a right to request a hearing on the order to
abate.
F.
Assessment of City costs. 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.
The notice may be in the form of an ordinance, by personal service,
or sent by certified mail to the property owner.
[Ord. No. 04-23; amended 3-23-2023 by Ord. No. 23-02]
Any person ordered to abate a nuisance, or any person interested
therein, may have a hearing with the Nuisance Enforcement/Property
Maintenance Advisory Board as to whether a nuisance exists or on a
request for an extension of time in which to abate a nuisance. A request
for a hearing must be made in writing and delivered to the Nuisance
Enforcement/Property Maintenance Advisory Board within the time stated
in the order to abate, or it will be conclusively presumed that a
nuisance exists, and it must be abated as ordered. The Nuisance Enforcement/Property
Maintenance Advisory Board shall set a hearing date as soon as practicable
after receiving a written appeal. The applicant shall be advised in
writing of the time and place of such meeting at least four days prior
to the date of the meeting. At such meeting, the applicant shall be
given an opportunity to be heard and show just cause why a nuisance
does not exist or why an extension of time is needed. At the conclusion
of the hearing, the Nuisance Enforcement/Property Maintenance Advisory
Board shall render a written decision as to whether or not a nuisance
exists. If the Nuisance Enforcement/Property Maintenance Advisory
Board finds that a nuisance exists, it shall order the nuisance abated
within an additional time which is reasonable under the circumstances.
The findings of the Nuisance Enforcement/Property Maintenance Advisory
Board shall be the final decision on the matter. Enforcement of any
notice or order issued under this code shall be stayed during the
duration of an appeal of the order, which is properly and timely filed.
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 § 223-11 after notice to the property owner under the applicable provisions of §§ 223-5, 223-6 and 223-7 and hearing as provided in § 223-8.
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. The person issuing the order
to abate a nuisance may enter into any building or place for the purpose
of entering into property to remove or abate any nuisance.
[Amended 12-7-2023 by Ord. No. 23-28]
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 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. If the Clerk is
unable to certify the costs to the County Treasurer, collection may
include referral to the debt collection program as administered by
the Iowa Department of Revenue.
[Ord. No. 13-17]
If the amount expended to abate the nuisance or condition exceeds
$500, the City may permit the assessment to be paid in up to 10 annual
installments, to be paid in the same manner and with the same interest
rates provided for assessments against benefited property under state
law.
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.
[Ord. No. 22-07; amended 3-23-2023 by Ord. No. 23-02]
Property may be deemed a nuisance property upon a determination
by the Building Official or designee that any of the following conditions
is true with respect to the property; except where otherwise indicated,
a final adjudication of any of the violations listed is not a prerequisite
to a property being deemed a nuisance property pursuant to this section:
A.
Four or more calls for service from the Marion Police
Department within a six-month period. Calls for service relating to
medical calls, fire calls or domestic disturbances, unless they are
directly related to criminal activity, shall not be included in the
number of calls attributed to the property for purposes of this code
section.
B.
Having two or more founded code violations within
a twelve-month period. A code violation is founded if:
(1)
Upon inspection of a complaint an authorized City
employee determines that a code violation or nuisance condition exists
on the property or finds probable cause that such violation or condition
has occurred.
(2)
The Nuisance Enforcement/Property Maintenance Board
affirms the existence of a nuisance on an appeal of an order to abate
or other notice of violation.
(3)
There is a finding by agreement or court order
that a municipal infraction or nuisance condition exists or existed.
C.
The City has abated any condition on the property,
including mowing and clearing snow or ice from sidewalks, two or more
times during any twelve-month period.
D.
An order to abate has been issued by any authorized
City employee for the same code violation two or more times within
a twelve-month period. If said order to abate has been appealed successfully,
that order to abate shall not be included in the number of orders
to abate attributed to the property for purposes of this code section.
E.
An owner has failed to comply with the provisions
of the rental housing inspection policy, including failure to pay
inspection fees.
