Anthon City Council — Ordinance No. 216 (Nuisance Abatement)

Anthon City Council
ORDINANCE NO. 216
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ANTHON, IOWA, BY AMENDING PROVISIONS CONTAINED IN CHAPTER 50 – NUISANCE ABATEMENT PROCEDURE.

Be it enacted by the City Council of the City of Anthon, Woodbury County, Iowa.
SECTION 1. SECTION MODIFIED. Section 50.02 of the Code of Ordinances of Anthon, Iowa, is repealed and the following adopted in lieu thereof:

50.02 NUISANCES ENUMERATED. The following subsections include, but do not limit, the conditions that are deemed to be nuisances in the City:
(Code of Iowa, Sec. 657.2)
1. Offensive Smells. Erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture that, by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public.
2. Filth or Noisome Substance. Causing or suffering any offal, filth, or noisome substance to be collected or to remain in any place to the prejudice of others.
3. Impeding Passage of Navigable River. Obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.
4. Water Pollution. 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.
5. Blocking Public and Private Ways. Obstructing or encumbering, by fences, buildings or otherwise, the public roads, private ways, streets, alleys, commons, landing places, or burying grounds.
6. Billboards. Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, that 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. (See also Section 62.06)
7. Storing of Flammable Junk. Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction. (See also Chapter 51)
8. Air Pollution. Emission of dense smoke, noxious fumes, or fly ash.
9. Weeds, Brush. Dense growth of all weeds, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard. (See also Chapter 152)
10. Dutch Elm Disease. Trees infected with Dutch elm disease. (See also Chapter 151)
11. Houses of Ill Fame. Houses of ill fame, kept for the purpose of prostitution and lewdness; gambling houses; places resorted to by persons participating in criminal gang activity prohibited by Chapter 723A of the Code of Iowa or places resorted to by persons using controlled substances, as defined in Section 124.101 of the Code of Iowa, in violation of law, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.
12. Any motor vehicle, trailer or boat that is unlicensed, unsafe or inoperable found upon public or private real property, and the contents therein, which is not stored within an enclosed building. This article shall not apply to legitimate businesses operating in a lawful place and manner provided, however, that such outside areas are screened from public view and do not constitute a threat to the public health, safety or welfare.

SECTION 2. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.

Passed by the council on the 24th day of March, 2021 and approved on the 24th day of March, 2021.

Tammy Reimer, Mayor

ATTEST:
Jenifer D. Umbach, City Clerk

First Reading: March 24, 2021
Second Reading: Waived
Third Reading: Waived

I certify that the foregoing was published as Ordinance No. 216 on the 1st day of April, 2021.
________________________
Jenifer D. Umbach, City Clerk

Published in The Record
Thursday, April 1, 2021

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