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.