Discussion and Review of Tiffin Municipal Code Revisions – Preparation for Setting the Public Hearing — Tiffin City Code - DRAFT

CHAPTER 50 NUISANCE ABATEMENT PROCEDURE 5. Trees (See Chapter 151) 6. Building Codes (See Chapter 155) 50.05 NUISANCES PROHIBITED. The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State law. (Code of Iowa, Sec. 657.3) 50.06 NUISANCE ABATEMENT. Whenever any authorized municipal officer finds that a nuisance exists, such officer has the authority to determine on a case-by-case basis whether to utilize the nuisance abatement procedure described in Section 50.07 of this chapter or the municipal infraction procedure referred to in Section 50.08. (Code of Iowa, Sec. 364.12(3)(h)) 50.07 ABATEMENT OF NUISANCE BY WRITTEN NOTICE. Any nuisance, public or private, may be abated in the manner provided for in this section: (Code of Iowa, Sec. 364.12(3)(h)) 1. Contents of Notice to Property Owner. The notice to abate shall contain: † A. Description of Nuisance. A description of what constitutes the nuisance. B. Location of Nuisance. The location of the nuisance. C. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance. D. Reasonable Time. A reasonable time within which to complete the abatement. E. Assessment of City Costs. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against the property owner. 2. Method of Service. The notice may be in the form of an ordinance or sent by certified mail to the property owner. (Code of Iowa, Sec. 364.12(3)(h)) 3. Request for Hearing. Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances. † EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the Appendix of this Code. Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure. CODE OF ORDINANCES, TIFFIN, IOWA - 405 -