[HISTORY: Adopted by the City Council of the City of Marion 6-7-2021 by Ord. No. 21-17 (Ch. 153 of the 2000 Code). Amendments noted where applicable.]
[Amended 3-23-2023 by Ord. No. 23-02]
The purpose of this chapter is to designate the responsibilities
of persons for maintenance of structures, equipment, and exterior
property within the City, to define nuisances as a result of the failure
to perform such maintenance and to provide for the abatement of such
nuisances in order to provide for the safety and preserve the health
and welfare of the residents of the City.
[Amended 7-20-2023 by Ord. No. 23-17]
For the purpose of this chapter, the following terms are defined:
Is defined as set forth in § 403.17 of the Code
of Iowa.
A stack of wood 16 inches wide by eight feet long by four
feet high.
Any split or unsplit wood cut into lengths not exceeding
three feet or wood product used or intended to be used as heating
fuel in a residence stove or fireplace or within a maximum three-foot-diameter
recreational firepit or fire ring. Yard waste, painted or treated
wood, logs in excess of twelve-inch diameter, pallets and construction
materials shall not be considered firewood.
Any tree trunks or large branches that have fallen or been
cut off.
A stack of firewood that is piled in a regular, orderly arrangement
that is stable and reasonably resistant to collapse.
Any of various insects, bugs or small animals regarded as
objectionable because they are destructive, disease carrying, etc.
The City Manager shall be responsible for the enforcement of
this chapter and shall have all the necessary authority to carry out
such enforcement. Any person designated by the City Manager to enforce
this chapter shall be known as the "Property Maintenance Official."
No person shall interfere with the Property Maintenance Official
while engaged in the enforcement of this chapter.
Except as hereinafter added to, deleted, modified or amended,
there is hereby adopted as the Property Maintenance Code of the City
of Marion that certain Code known as the International Property Maintenance
Code, 2021 Edition, as prepared and edited by the International Code
Council, Inc., and the provisions of said Property Maintenance Code
shall be controlling in maintaining minimum requirements and standards
of structures and properties within the corporate limits of the City
and shall be known as the "Marion Property Maintenance Code."
Certain sections and portions of sections of the International
Property Maintenance Code, 2021 Edition, are hereby amended, deleted,
modified, or added to as more specifically set forth in the following
sections of this chapter:
The Marion Property Maintenance Code is hereby amended by adding
a new exception to Section 101.2 of the International Property Maintenance
Code, 2021 Edition, as follows:
The Marion Property Maintenance Code is hereby amended by repealing
Section 111.1 of the International Property Maintenance Code, 2021
Edition, and by replacing said section with new section, as follows:
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111.1 General. When a structure or
equipment is found by the code official to be unsafe, or when a structure
is found unfit for human occupancy, or is found unlawful, the code
official shall commence proceedings to cause the repair, vacation
or demolition of the structure and the structure may be condemned
pursuant to the provisions of this code.
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The Marion Property Maintenance Code is hereby amended by repealing,
in its entirety, Section 107 from the International Property Maintenance
Code, 2021 Edition, and by replacing said section with a new Section
107, as follows:
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Section 107 Means of Appeal
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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 and provide notice
to the person appealing from the order to abate. 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.
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A failure to satisfy any of the provisions of the Marion Property
Maintenance Code shall constitute a nuisance.
[Added 7-20-2023 by Ord. No. 23-17[1]]
The Marion Property Maintenance Code is hereby amended by adding
a new Section 302.10 to the International Property Maintenance Code,
2021 Edition, as follows:
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302.10 Firewood Storage. Firewood as defined in § 247-2 may be stored upon residential exterior premises solely for use on the premises and shall not be for resale. All firewood located upon a residential premises shall be stored as follows:
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(1)
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The firewood shall be cut/split or prepared into usable pieces
for use and stored in neat and secure stacks.
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(2)
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The height of a firewood stack over three feet shall be no more
than twice its width, but in no event shall the height exceed six
feet.
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(3)
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All firewood kept or stored outside upon property within the
City shall be elevated above any area upon which such firewood is
stored or kept in stacks or piles to prevent rot and to deter infestation
of insects or vermin.
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(4)
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No firewood shall be stored within any yard required by the
Zoning Ordinance, except firewood may be stored in a required side
yard located behind the principal structure, or in a required rear
yard.
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(5)
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No more than 1/4 of a face cord shall be stored on a porch of
a residential structure.
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(6)
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No more than two face cords of firewood shall be allowed on
residential property unless special permission has been granted by
Marion City Council.
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(7)
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Firewood stacks shall not be allowed to be infested with insects,
harboring animals, or otherwise cause a nuisance. No firewood that
is rotting shall be stored.
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The Marion Property Maintenance Code is hereby amended by repealing
Section 605.2 of the International Property Maintenance Code, 2021
Edition, and by replacing said section with new Section 605.2, as
follows:
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605.2 Receptacles. Every habitable
space in a dwelling shall contain not less than two separate and remote
receptacle outlets. Every laundry area shall contain not less than
one grounding-type receptacle or a receptacle with a ground fault
circuit interrupter. Every bathroom shall contain not less than one
receptacle. Every kitchen shall have ground fault interruption protection
within six feet of a sink or water source. Any new bathroom receptacle
outlet shall have ground fault circuit interrupter protection. All
receptacle outlets shall have the appropriate faceplate cover for
the location.
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Notwithstanding any other provisions of this chapter, whenever
in the judgment of the Property Maintenance Official any nuisance
is an immediate and imminent threat to life and property, the Property
Maintenance Official may, with or without prior notice as required
within, order the nuisance abated and costs assessed against the property
for collection in the same manner as a property tax. However, prior
to such assessment, the City shall give the property owner notice
as provided by the Code of Iowa and this Code of Ordinances.
[Amended 3-23-2023 by Ord. No. 23-02]
An official copy of the Marion Property Maintenance Code hereby
adopted, including a certificate by the Clerk as to its adoption and
the effective date thereof, shall be on file in the Office of the
Clerk in City Hall and shall be kept there on file, and copies shall
be available for public inspection. A copy of this chapter shall be
available in the Building Division Office.
[Added 12-21-2023 by Ord. No. 23-29]
The purpose of this article is to protect the public health,
safety, and welfare by establishing a program for the identification
and regulation of vacant buildings within the City. This article also
determines the responsibilities of owners of vacant buildings and
provides for administration, enforcement, and penalties associated
with the same.
The following definitions shall apply in the interpretation
and enforcement of this article:
A building or structure designed for business use or human
use or occupancy.
The Building Official or designated agents authorized to
administer and enforce this article.
Any person or entity who has a legal or equitable title interest,
whether full or partial, in the vacant building. All owners shall
have joint and several obligations for compliance with the provisions
of this article
An owner, occupant, entity or person acting as an agent for
the owner who has direct or indirect control or authority over the
building or real property upon which the building is located. Any
party having a legal or equitable interest in the property. "Responsible
party" may include, but is not limited to, a realtor, service provider,
mortgagor, leasing agent, management company or similar person or
entity.
A building or structure is vacant if no person or persons
actively and currently conduct a lawful business or lawfully reside
or live in any part of the building in accordance with the City's
zoning regulations.
The Building Official shall develop a Vacant Building Policy
outlining the process for registration, inspection, and disposition
of vacant properties subject to the provisions of this article. Said
policy may provide for any fee or fees related to the implementation
of the Vacant Building Policy or the provisions of this article, including
but not limited to registration and inspection fees. Said policy shall
be approved by resolution of the City Council.
The owner of or responsible party for any vacant building must
register said vacant building with the City pursuant to the Vacant
Building Policy
Any owner or responsible party who violates any section of this article or an adopted Vacant Building Policy is subject to the penalty as provided under Chapter 55 of the City of Marion Code of Ordinances. Said remedies are not exclusive and nothing in this section is intended to limit, prevent, or impair other remedies or civil penalties available to the City under this code or state law.
