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Code of Ordinances_Public Nuisance AmendmentTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Nuisance Ordinance Amendment DATE: February 7, 2013 Dubuque kital All- America City II h/ 2012 In March 2012, numerous City departments including Health, Housing & Community Development, Building Services, Planning & Zoning, City Manager's Office, and the City Attorney's Office started meeting to discuss citizens' concerns regarding large quantities of accumulations in residential areas. Assistant City Attorney Crenna Brumwell recommends City Council approval of an Amendment to the Public Nuisance Ordinance to deal with these particular situations, as well as curbing issues of this nature in the future. I concur with the recommendation and respectfully request Mayor and City Council approval. kr,„709,,, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF DU1tJE lv Mnsteipiece on the Mississippi EMO CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: City Manager DATE: January 15, 2013 RE: Public Nuisance Ordinance Amendment Michael C. Van Milligen ANDU_U 1u In March 2012, numerous City departments including Health, Housing & Community Development, Building Services, Planning & Zoning, City Manager's Office, and the City Attorney's Office started meeting to discuss citizens' concerns regarding large quantities of accumulations in residential areas. During the discussion and brainstorming a number of other situations were reviewed and considered. Staff determined that modifications to the City's public nuisance ordinance was the best way to deal with these particular situations as well as curbing issues of this nature in the future. I have attached an ordinance for your review which adds conditions, conduct, and activities to the list of public nuisances. Please let me know if you have any further questions or need additional documentation. I would ask that after review the ordinance be sent to the City Council for consideration. Thank you. cc: Cindy Steinhauser, Assistant City Manager Laura Carstens, City Planner Mary Rose Corrigan, Public Health Specialist Jeff Zasada, Inspector II Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. 5— 13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION 6 -4 -3 PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED BY ADDING CONDITIONS, CONDUCT, AND ACTIVITIES WHICH CONSTITUTE PUBLIC NUISANCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6 -4 -3 of the City of Dubuque Code of Ordinances is amended to read as follows: 6 -4 -3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED: Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public shall be deemed a "public nuisance ". A "public nuisance" shall include, but not be limited to, the following: A. Accumulations: Any yard waste, solid waste, vehicle parts, garbage, noxious substances or hazardous wastes, junk, unused building materials, salvage material or other offensive substances thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, public or private lot, whether vacant or occupied, or upon any pond or pool of water, except for: K. Unsanitary Accumulations: Failing to keep a building, dwelling, structure, business and parts thereof, or grounds clean and free of any unsanitary accumulations of dirt, filth, rubbish, or garbage, including all property outside the lot and property lines and inside the curb lines. Q. Furniture: Indoor upholstered furniture or upholstered furniture which is not designed for outdoor use but which is maintained or located on any uncovered porch, lawn, parking lot, driveway, or public right -of -way. R. Combustible Items: Any accumulation of combustible items such as mattresses, boxes, paper, automobile tires and tubes, old clothes, rags, or any other combustible materials or objects of a like nature. S. Construction and Building Materials: Outdoor storage of construction and building materials, except those that are stored in a manner to protect their utility, prevent deterioration, and are reasonably expected to be used at the site. T. Appliances or Appliance Parts: Outdoor storage of appliances or appliance parts, except those that are reasonably expected to be used at the site, which are stored in a matter to protect their utility, prevent deterioration, and protect people from becoming trapped within them. U. Burned or Partially Burned Buildings and Structures: Any building or other structure which has been burned, partially burned, or otherwise partially destroyed, which is unsightly or hazardous to the safety of any person or structurally unsound to the extent that the city manager reasonably determines there is a likelihood of personal or property injury to any person or property entering the premises. V. Miscellaneous: Any act done or committed by any person or any substance or thing kept, maintained, placed, or found in or on any public or private place which is annoying or damaging or injurious or dangerous to the public health, welfare, or safety and every action or thing done, permitted, maintained, allowed, or continued on any public or private property, by any person which is liable to or does endanger, annoy, damage, or injure any person or inhabitant of the City or property of said person or inhabitant. Attest: Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the lsthday of February , 2013. �1ti .� Ve41 j Kevi S. Firnstahl, Cit erk Roy D. Bu¢,(, Mayor OFFICIAL Q. Furniture: Indoor PUBLICATION upholstered furniture AMENDING CITY Y-OF or upholstered furni- DUBUQUE OF tire which is not ORDUQUE CODT OF designed for outdoor ORDINANCES H TISIN 6 use but which is SANITATION HOUDIE = maintained or located SANITATION ANDAN = on any uncovered VIRONMENT, NU, CHAP, porch, lawn, parking TER 4 NUISANCES;' PUBLIC lot, driveway, or public • SECTION U 6-IC NUISANCCE. E right -of -way. R. Combustible Items: DEFINED; PUBLIC A Any accumulation of ATED BY ADDING NUISANCES EDDING combustible items CONDITIONS, CON= such as mattresses, DUCT, AND ACTIVI-1 boxes, paper, automo- TIES WHICH CONSTI- bile tires and tubes, old TUTE PUBLIC 'NUI- clothes, rags, or any SANCES other combustible NOW, THEREFORE, materials or objects of BE IT ORDAINED `BY a like nature. THE CITY COUNCIL S. Construction and OF THE CITY OF ' Building Materials: DUBUQUE, IOWA: Outdoor storage of Section 1. Section 6 -4- I construction and build - 3 of the City ' of ing materials, except Dubuque Code of those that are stored in Ordinances is amended a ma utility, prevent protect to read 6-4-3: follows: deterioration, and are 6CE PUBLIC NUI- reasonably expected to LIC LANCE DEFINED; PUB- : be used at the site. ME NUISANCES ENU T. Appliances or MERATED: Whatever is injurious Appliance Parts: Out - to the public health or door storage of appli- safety or an obstruc- 1 ances or appliance tion to the free use of parts, except those property so as to that are reasonably interfere with the expected to be used at comfortable enjoyment ! the site, which are of life or property stored in a matter to the public shall be ! protect their utility, deemed a "public pre entroetpeople deterioration, nuisance ". A ll in- ' from becoming trap - d, - nuisance" shall in- ped within them. limit, but not l- U. Burned or Partially limited to, the f , Burned Buildings and lowing: Structures: Any build- Any Accumulations• ing or other structure waste, yary wcsee, sot, which has been write, vehixio parts, burned, partially burn- stances es or hazardous a sub- 1 ed, or otherwise par- wastes, .ju un tially destroyed, which wastes, junk, unused building materials, is unsightly or salvage material. or hazardous- to the other offensive sub- safety of any person or stances thrown, left or ! structurally unsound to deposited in or Upon ! the extent that the city any street, • avenue, alley, sidewalk, park, public square, public enclosure, public or private lot, whether vacant or occupied, or upon any pond or pool of water, except for: K. Unsanitary Accumu- lations: Failing to keep a building, dwelling, . structure, business and parts thereof, or grounds clean and free of any unsanitary accumulations of dirt, filth, rubbish, or garbage, including all property outside the lot and property lines and inside the curb lines. manager, reasonably e ermines the likelihood of personal or property injury' to any person or property entering the premises. V. Miscellaneous: AAy act done or committed by any person or any substance or ' thing kept, maintained, placed, or found in or on any public or private place which. is annoying or damaging or injurious or dan- gerous to the public health, welfare, or safety and every action I or thing done, permitted, maintained, allowed, or continued on : any public or private property, by any person which is d t th re is a Raffle to or -noes i endanger, annoy, dam - age, or injure any person or inhabitant of. the City or property of said person or inhabitant Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of February, 2013. Roy D. Buol, Mayor: Attest: Kevin S. Firnstahl, City Clerk Published in the Telegraph Herald newspaper on the 22nd day of February 2013. •/s /Kevin S. Firnstahl, City Clerk 1t 2/22. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 22, 2013, and for which the charge is $40.49. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of _ , 20 /3 Notary Public in and for Dubuque County, Iowa. .,nom._,.- �.:��.,, -�. �: a MARY K. WES iEF;: ComirnisslQn Nurn!-,Pr EFFECT OF AMENDMENT 6 -4 -3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED: Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public shall be deemed a "public nuisance ". A "public nuisance" shall include, but not be limited to, the following: A. Accumulation 2f Solid s: Any yard waste, solid waste, vehicle parts, garbage, noxious substances or hazardous wastes, junk, unused building materials, salvage material or other offensive substances thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, public or private lot, whether vacant or occupied, or upon any pond or pool of water, except for: K. Unsanitary Accumulations: Failing to keep a building, dwelling, structure, or business and parts thereof. or oj' }! clean and free of any unsanitary accumulations of dirt, filth, rubbish, .( n ,garbage, including ,'ll property outside the lot and pro .A iy lines and inside the curb line:.;; , passages— areas-er- alleys connected with or ii -te tha-rre same Q. Furniture: Indoor upholstered furniture or upholstered furniture which is not designed for outdoor use but which is maintained or located on any uncovered porch, lawn, parking lot, driveway, or public right - -of -way. l . Combustible Items: Any accumulation of combustible items such as mattresses, boxes, paper, automobile tires and tubes, old clothes, rags, or any other combustible materials or objects of a like nature. S. Construction and Building Materials: Outdoor storage of construction and building materials, except those that are stored in a manner to protect their utility, prevent deterioration, and are reasonably expected to be used at the site. T. Appliances or Appliance Parts: Outdoor storage of appliances or appliance parts, except those that are reasonably expected to be used at the site, which are stored in a matter to protect their utility, prevent deterioration, and protect people from becoming trapped within them. U. Burned or Partially Burned Buildings and Structures: Any building or other structure which has been burned, partially burned, or otherwise partially destroyed, which is unsightly or hazardous to the safety of any person or structurally unsound to the extent that the city manager reasonably determines there is a likelihood of personal or property injury to any person or property entering the premises. V. Miscellaneous: Any act done or committed by any person or any substance or thing kept. maintained, placed. or found in or on any public or private place which is annoying or damaging or injurious or dangerous to the public health. welfare, or safety and every action or thing done, permitted, maintained, allowed, or continued on any public or private property, by any person which is liable to or does endanger, annoy, damage, or injure any person or inhabitant of the City or property of said person or inhabitant.