HomeMy WebLinkAbout2021-06-30-4011
AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF PROPERTY IN THE
CITY OF WAUKEE, AND PROVIDING FOR PENALTIES FOR VIOLATIONS
THEREOF.
§401.1. Chapters 401 and 403, Waukee Municipal Code, are hereby deleted, and
the following ordinance is enacted in lieu thereof:
§401.2. Introduction.
A. Title. This ordinance may be referred to as the "Waukee Property
Maintenance Code".
B. Purpose. The purpose of this Code is to protect the public health, safety,
and welfare, esthetics, and property values, by establishing minimum
standards for maintenance, appearance, condition, and occupancy, and for
essential utilities, facilities, and other physical components and conditions
to make residential premises fit for human habitation, and to make non-
residential premises fit for use according to the purpose for which they
were developed; by fixing certain responsibilities and duties upon the
owners and managers, and distinct and separate responsibilities and duties
upon the occupants; by authorizing and establishing procedures for
inspection of premises, and enforcement of this Code; establishing
penalties for violations; and providing for proper repair, demolition, or
vacation or premises which do not comply with this Code.
C. Interpretation. The provisions of this Code shall be interpreted and
applied as minimum requirements, and shall not be deemed a limitation or
repeal of any other power granted by the CODE OF IOWA.
Nothing in this Code shall be construed to abrogate the Federal or State
Constitutions, nor to grant powers to the City that are otherwise reserved
by and for Federal and State government.
D. Abrogation and Greater Restrictions. It is not the intent of this Code to
repeal, abrogate, annul, impair, or interfere with any existing easements,
covenants, deed restrictions, agreements, ordinances, rules, regulations, or
permits previously adopted or issued pursuant to law. Where two or more
provisions apply the higher standard shall prevail.
§401.3. Definitions. Words used in this Code shall have the same meaning as that
defined by the Zoning Ordinance, unless otherwise defined by this Code.
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A. Abandoned Building. Any building or portion of a building under
construction which has stood with an incomplete exterior shell for more
than one year, or any completed building or portion thereof which has
stood unoccupied for longer than six (6) months, and which is unsecured
or has Housing Code or Building Code violations.
B. Board of Appeals. The Board established and appointed by the City to
hear appeals from the Waukee Building Code, referred to herein as "the
Board".
C. Deterioration. A state of conditions caused by a lack of maintenance or
excessive use, characterized by holes, breaks, rot, crumbling, peeling
paint, rusting, or other evidence of physical decay or neglect.
D. Enforcement Officer. The Director of Community Development, Chief
of Police, Code Compliance Officer, or City Administrator.
E. Exposed to Public View. Any premises or any part thereof which may be
lawfully viewed by the public or from adjoining premises.
F. Exterior. Yards and other open outdoor spaces on premises, and the
external surfaces of any structure.
G. Extermination. The control and elimination of insects, rodents, and
vermin.
H. Farm. A tract of land having an area of ten or more acres devoted to
raising of feed grains or domestic livestock.
I. Infestation. The presence of insects, rodents, vermin, or other pests on
the premise to the extent that they constitute a health hazard, are deemed
by an Enforcement Officer to be in threat of spreading to adjoining
premises, or are exposed to public view.
J. Junk. Any discarded or salvaged material or fixture; obsolete or
inoperable machinery or vehicle, or parts thereof; or scrap metal.
K. Nuisance. Physical conditions that are dangerous or detrimental to the
health or safety of persons on or near the premises where the conditions
exist, or anything that is injurious to the senses or interferes with the
comfortable enjoyment of life or property.
L. Owner. Any person who alone, jointly, or severally with others, holds
legal or equitable title to any premises, with or without accompanying
actual possession thereof.
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M. Premises. A lot, plot, or parcel of land together with the structures
thereon.
N. Public Authority. Any officer of any department or branch of the City,
County, or State charged with regulating health, fire, zoning, or building
regulations, or other activities concerning property in the City.
O. Refuse. Any material that has lost its value for the original purpose for
which it was created or manufactured, or for its redesigned use, whether
putrescible or non-putrescible, combustible or non-combustible, which is
not securely stored in a building or legal outdoor storage yard; plastic;
metals; glass; yard clippings, leaves, woody vegetative 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.
P. Responsible Party. Any person having possession, charge care, or
control of real personal property, whether with or without the knowledge
and consent of the owner, including without limitation any one or more of
the following: owner, agent, property manager, contract purchaser,
mortgagee or vendee in possession, receiver, executor, trustee, lessee or
tenant, or any other person, firm or corporation exercising apparent control
over a property.
Q. Vehicle. Any device designed to transport a person or property by land,
air, or water, such as automobiles, trucks, trailers, motorcycles, tractors,
buggies, wagons, boats, airplanes, or any combination thereof, except
bicycles.
R. Vehicle Inoperable. Any vehicle that is not licensed for the current year
as required by law or which exhibits any of the following characteristics:
Cannot legally travel on a public street due to broken, damaged, or missing
windshield or other glass customary to the vehicle, fender, door, bumper,
hood, wheel, steering wheel, or exhaust system; lacking an engine or other
means of power suitable to the design, one or more wheel, or other
structural parts which renders the vehicle incapable of both forward and
reverse movement in the manner for which it was designed; has become a
habitat for rats, mice, snakes, or any other vermin or insects; or constitutes
a threat to the public health and safety because of its defective or obsolete
condition.
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§401.4. Maintenance Standards.
A. General. The exterior of every premises and structure shall be maintained
in good repair, to the end that the premises and each structure thereon will
be preserved; adjoining properties protected from blighting influences; and
safety and fire hazards eliminated.
B. Maintenance of Premises. Each and every premise shall be kept free of
all nuisances, health, safety and fire hazards, unsanitary conditions, and
infestation. It shall be the duty of the responsible party to keep the
premises free of all said conditions and to promptly remove and abate
same, which include but are not limited to the following declared
nuisances:
1.Grass, weeds or brush allowed to grow to a height greater than
eight (8) inches on developed properties and ten (10) inches on
undeveloped properties, or any accumulation of dead weeds or
grass that are exposed to public view, on any non-farm property
which is not within the jurisdiction of the County Weed
Commissioner. This provision shall not apply to prairies,
wetlands, or similar areas of naturalized perennial vegetation
which are certified by an Enforcement Officer to not constitute a
nuisance.
January 20, 2020 – Ordinance 2951
2.Accumulation of refuse to the prejudice of others. No person shall
discard any litter onto or in any water or land within the City of
Waukee, Iowa, except that nothing in this section shall be construed
to affect the authorized collection and discarding of such litter in or
on areas or receptacles provided for such purpose. Provided further,
however, newspapers, flyers, bulletins, notices, sale bills, and other
printed matter may be deposited in receptacles provided for such
purpose. If a person places or distributes newspapers, flyers,
bulletins, notices, sale bills, or other printed matter on the property of
another outside receptacles provided for such purposes, after a
written request has been sent to the last known address of such
person by the property owner not to do so, such person shall be
guilty of a violation of this section. Persons, firms or other entities
causing such distribution of litter by their agents, servants or
employees, shall be guilty of a violation of this section.
Nov 27, 2000 – Ordinance 2332
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3. Any structure which is in such a dilapidated condition that is unfit
for human habitation or the use for which it was constructed; kept
in such an unsanitary condition that it is a menace to the health of
people residing therein or in the vicinity thereof; any structure
defined as a dangerous building by the current edition of the
International Property Maintenance Code; or any building that is
defined as abandoned or a public nuisance by Chapter 657A,
CODE OF IOWA.
4. Any inoperable vehicle which is exposed to public view, unless
located on the premises of a lawfully operated junk yard or
undergoing repairs in an expeditious manner at a vehicle repair
business.
5. Mud, dirt, gravel or other debris or matter, whether organic or
inorganic deposited upon public property in a quantity adjudged by
an enforcement officer to a threat to public safety or to cause
pollution, obstruction, or siltation of drainage systems, or to violate
solid waste disposal regulations.
6. Failure to establish a permanent cover of perennial grasses or
ornamental ground cover on any non-farm property as soon as
practical after any construction, and to thereafter maintain same in
such condition as to substantially bind the surface of the soil and
prevent erosion, whether by sheet or gullying, or by wind or water.
7. Any nuisance as defined herein or described as such by Chapter
657 of the CODE OF IOWA.
8. Any alteration, modification, or obstruction which prevents,
obstructs or impedes the normal flow of runoff from adjacent
lands, or any alteration or modification which substantially
concentrates or increases the flow of water onto an adjoining
premises; or any alteration or modification which changes any
elevation or flow within a surface water flowage easement or
impounding area.
9. Conditions which are conducive to the harborage or breeding of
vermin.
10. Facilities for the storage or processing of sewage, such as privies,
vaults, sewers, private drains, septic tanks, cesspools, and drain
fields, which have failed or do not function properly, as may be
evidence by overflow, leakage, seepage, or emanation of odors, or
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which do not comply with the Dallas County Health Department
regulations, as applicable. Septic tanks, cisterns, and cesspools
which are no longer in use shall be removed, or emptied and filled
with clean dirt or sand.
11. Vehicles parked on any surface that is not portland cement or
asphalt or any such other permanent impervious surface in a
portion of a yard exposed to public view
June 7, 2004 – Ordinance 2472
12. Fences or retaining walls that are no structurally sound or which
are deteriorating, as may be evidenced by leaning or loose
elements.
13. Dead or diseased trees or other woody vegetation which may lead
to the spread of the disease to other specimens or pose a threat to
safety or building; major parts thereof, such as a limb, which may
be dead or broken or otherwise pose a threat to safety or buildings
on adjoining premises; any vegetation located on private property
which overhangs and is less than 12 feet above the traveled
portion of any public street, or is less than 7 feet above any
sidewalk.
14. Loose, overhanging objects or accumulations of ice or snow, which
by reason of location above ground level constitute a danger of
falling on persons in the vicinity thereof.
15.Any refrigerator, ice box, or similar container, with doors that may
become locked, outside of buildings and accessible to children.
16.Gravel Driveways not maintained free of vegetation shall be
declared a nuisance. Removal of vegetation in gravel will be
required.
August 2, 2004 – Ordinance 2484
C. Building Maintenance. Every building shall be maintained to be weather
and water tight, and free from excessively peeling paint or other conditions
suggestive of deterioration or inadequate maintenance. Exterior surfaces
shall not have any holes or broken glass; loose, cracked, or damaged
shingles or siding; or other defects in the exterior finish which admit rain,
cold air dampness, rodents, insects, or vermin. Basements, cellars, and
crawl spaces shall be free of standing water and hazards. All wood,
including floorboards, subfloors, joists, bridging, roof rafters and
sheathing, and all other wood in any interior or exterior floor, wall, roof, or
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other part of the structure, shall be maintained to be free of cracks
affecting structural integrity, termite damage, infestation, or rot. Any and
all damaged or deteriorating materials shall be replaced. If infestation
exists in any basement, cellar, or crawl space, such infestation shall be
remedied in accordance with industry standards.
D. Landscaping Maintenance. All landscaping and landscaped areas
required by Waukee’s Site Plan Ordinance (Section 304) must be
maintained continuously. This includes grass, trees, shrubs, etc. required
for site landscaping, parking areas, berms and buffers. Material shall be
replaced as needed in approximately the same location as approved on the
Site Plan. Replacement plantings shall be the same species as the original
landscaping. Planting requirements for single family developments are
excluded.
November 3, 2003 – Ordinance 2449
E. Refuse and Inoperable Vehicles. Inoperable vehicles shall be stored
within a fully enclosed building or other location not exposed to public
view, or shall be removed from the premises. All refuse shall be contained
in suitable collection containers; kept free from infestation; and shall be
removed weekly.
F. Residing and Reconstruction. Materials and practices used in
reconstruction and residing shall be of standard quality and appearance
commensurate with the character of other properties in the vicinity of the
premises. Their appearance, as judged under prevailing appraisal practices
and standard, shall not depreciate the value of adjoining premises or the
neighborhood.
G. Exception for Farms. Farms, whose principal activity is the production
of feed grains or livestock, having an area of more than ten acres on
January 1, 1997, shall be exempted from this Code for such time that the
area of the farm exceeds ten acres.
§401.5. Violations.
A. Enforcement. The creation or maintenance of a violation of this
ordinance is prohibited and shall constitute a misdemeanor. Each day that
a violation is permitted to continue constitutes a separate offense.
1. All inspections, enforcement actions, and hearings on violations,
unless expressly stated to the contrary, shall be under the direction
and supervision of an Enforcement Officer, who may appoint or
designate other public officers or employees to perform duties as
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may be necessary to enforce this Code, including inspections and
holding of hearings. The Enforcement Officers are hereby
authorized to abate such violations in accordance with the
procedures of this Code and to serve notice to abate same, whether
upon the owner or other responsible party for a premises upon
which a violation is being maintained, or upon the person or
persons causing or maintaining the violation.
2. The objective of this Code being the abatement of violations,
persons violating this Code shall be allowed a reasonable amount
of time to voluntarily remedy the violation before action to assess
costs or penalties for a violation is undertaken. Consideration will
be given to evidence of a good faith effort to correct the violation;
whether an imminent health or safety hazard exists; whether the
person has previously been notified of or charged with violations
of a similar nature; and other factors.
3. Violations which are not voluntarily remedied may be abated by an
administrative abatement process; the municipal infraction process;
by court proceedings; or by City abatement and assessment of costs
therefore against the responsible party, at the discretion of the City.
4. The enforcement officer may, but shall not be required to, give
notice to abate prior to issuance of a civil citation for a repeat
offense involving the same property and occurring within a year of
a prior violation and notice to abate.
B. Notice. When service of a notice to abate is required, the following
methods of service shall be deemed adequate:
1. By personal service upon the owner or other responsible party of
the property upon which the nuisance exists, or upon the person or
persons causing or maintaining the violation.
2. If, after reasonable effort, personal service cannot be made, any
two of the following methods of service shall be considered
adequate: (a) sending the notice by certified mail, return receipt
requested to the last known address; (b) publishing the notice once
a week for two consecutive weeks in a newspaper of general
circulation in the City of Waukee, Iowa; or (c) by posting the
notice in a conspicuous place on the property or building deemed
as nuisance.
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C. Appeal. Any person affected by any notice to abate a violation of this
Code may request a hearing on the matter before the Board of Appeals,
provided that a written appeal shall be filed with the Enforcement Officer
within ten days after the notice to abate was served. The appeal shall be
filed on a form provided by the City for that purpose, and shall state the
particular section of the ordinance or interpretation thereof being appealed,
and a brief statement of the grounds upon which such appeal is taken.
Failure to file a timely appeal as prescribed herein shall constitute a waiver
of the right to a hearing, and the notice shall become final.
The Board's determination and order shall be appealable to the County
District Court by writ of certiorari. Such appeal shall be filed within thirty
(30) days from the date of the Board's decision. The Board's order shall
not be carried out until the time for filing the writ of certiorari has expired.
D. Abatement Remedies and Penalties. In the event that the violation is not
abated as ordered and within the time specified, the City may abate such
violation by any of the following means:
1. By undertaking such abatement and assessing the costs therefore
against the property.
2. By issuance of a civil citation charging the owner or responsible
party with a municipal violation.
Abatement may include but is not limited to repair, removal, cleaning,
extermination, cutting mowing, grading, sewer repairs, draining, securing,
barricading or fencing, demolition of dangerous or abandoned structures or
portions thereof, and elimination of nuisances. Abatement costs may
include the cost of removing or eliminating the violation; the costs of
investigation, such as title searches, inspection, and testing; the cost of
notification; filing costs; and other related administrative costs. Inoperable
or obsolete vehicles which have been impounded may be sold in
accordance with state law. If an inoperable or obsolete vehicle is not sold
or if the proceeds of such sale or redemption are not sufficient to pay the
costs of abatement, storage, and sale of said inoperable or obsolete vehicle,
such cost of abatement, storage, and sale of said inoperable or obsolete
vehicle, such cost or the balance of such cost may be assessed against the
premises in the same manner as a property tax.
Before the assessment of any charges for work done or caused to be done
by the City, the owner of the property proposed to be assessed shall be
provided notice and opportunity for hearing before the City Council. The
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notice shall set forth the amount proposed to be assessed, and include a
statement of the time, place, and date of hearing.
The court may order any one or more of the following:
1. Place a judgment against the person and/or property of defendant
for the costs of abatement.
2. Levy a civil penalty (fine) against the defendant of up to one
hundred dollars ($100.00) for the first offense and up to two
hundred dollars ($200.00) for repeat offenses.
3. Order abatement of the violation in any manner.
4. Assess costs of abatement against the premises.
E. Emergency Abatement Procedure. If an Enforcement Officer
determines that a violation exists and constitutes an imminent, clear, and
compelling danger to health, safety or welfare of persons or property, the
enforcement officer is authorized to abate the violation or have it abated
without prior notice and opportunity for hearing. The costs of such action
may be assess against the premises. However, prior to such assessment,
the City shall give a property owner notice and the opportunity for a
hearing before the City Council in accordance with subsection D above.
§401.6. Boards of Appeals.
A. Authority. The Board is hereby empowered to hold hearings on appeals
from the regulations of this Code.
B. Procedure. Upon receipt of a timely-filed appeal, the Enforcement
Officer shall set a time and place for the Board to hear such appeal and
shall publish notice thereof.
1. The hearing shall be open to the public and shall be recorded either
electronically or manually. All parties shall be afforded an
opportunity to respond and present evidence and argument. l If the
appellant fails to appear at such hearing, the Board may proceed
with the hearing and make a decision in the absence of the
appellant.
2. The Board's finding shall be based upon the kind of evidence on
which reasonably prudent persons are accustomed to rely for the
conduct of their serious affairs, even if such evidence would be
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inadmissible in a court of law. The Board's experience, technical
competence, and specialized knowledge may be utilized in the
evaluation of the evidence. The presiding officer of the Board
shall conduct the hearing.
C. Decision of the Board. No hearing shall be valid unless a majority of the
Board is present, and no appeal shall be granted unless reached by a
majority of all members of the Board.
The Board shall render a decision based upon the record, at the conclusion
of the hearing or within a reasonable time thereafter. The Board may
affirm, modify or reverse any action, interpretation, notice or order which
has been issued in connection with the enforcement of this Code.
Following the decision of the Board, all parties shall be notified of the
decision personally or by general mail service delivered to the address
provided by the party. Any party to the hearing, including the City, may
seek judicial review by filing a petition in the county District Court within
thirty (30) days after the issuance of the decision by the Board.
January 5, 1998 – Ordinance No. 2234