(AS AMENDED 12/28/2000)
18.01. SNOW EMERGENCY
In the event weather conditions require plowing and removal of snow or ice from public streets or alleys, the Mayor is hereby emplowered to declare a "snow emergency." Upon the Mayor's declarion of a "snow emergency," radio station KICD in Spencer, Iowa shall be promptly advised of the Mayor's declaration, and a notice of the snow emergency shall be placed by the City Clerk of the community channel of the Ruthven cable television system. A declared "snow emergency' shall be in effect four (4) hours after it is declared or at such later time as the Mayor may designate. A declared "snow emergency" shall continue to exist until such time it is terminated by order of the Mayor.
18.02. When a "snow emergency" is in effect, parking or placement of any vehicles, wagons, trailers or other personal property on or over the hard surfaced portions of all streets in the City of Ruthven is prohibited until such streets have been plowed and snow removed from the full width of the hard surface.
18.02. Vehicles parked in violation of this ordinance shall be subject to the provisions of the Sections 12.02, 12.03, and 12.04 of the Ruthven Municipal Code.
12.01 NUISANCE ABATEMENT
Whenever the mayor or other authorized municipal officer finds that a nuisance exists or a condition needs to be corrected, he or she shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice.
(Code of Iowa, Sec. 364.12(3h))
12.02 NOTICE TO ABATE
The notice to abate shall contain:
(Code of Iowa, Sec. 364.12(3h))
1. DESCRIPTION OF NUSIANCE. A description of what constitutes the nusiance or other condition.
2. LOCATION. The location of the nusiance or condition.
3. ACTS NECESSARY TO ABATE. A statement of act or acts necessary to abate the nusiance or condition.
4. REASONABLE TIME. A reasonable time within which to complete the abatement.
5. ASSESSMENT AT CITY COSTS. A statement that if the nusiance or condition is not abated as directed and no
request for a hearing is made within the time frame prescribed, the city will abate it and assess the costs
against such person.
12.03 METHOD OF SERVICE
The notice may be in the form of an ordinance, or a notice sent by certified may to the property owner.
(Code of Iowa, Sec. 364.12(3h))
12.04 REQUEST FOR HEARING
Any person ordered to abate a nuisance may have a hearing with the council as to whether a nusiance exists. A request for a hearing must be made in writing and delivered to the clerk within the time state in the notice, or it will be conclusively presumed that a nusiance exists and it must be abated as ordered. The hearing will be before the council at a time and place fixed by the councile. The finiding 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.
12.05 ABATEMENT IN EMERGENCY
If it is determined that an emergency or danger exists by reason of the continuiing maintenance of the nuisance or condition, the city may perform any action which may be required under this chapter without prior notice. The council shall assess the costs after notice to the property owner and hearing on the costs incurred by the city to abate the nuisance or condition.
(Code of Iowa, Sec. 364.12(3h))
12.06 ABATEMENT BY CITY
If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the city may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the clerk who shall pay such expenses on behalf of the city.
(Code of Iowa, Sec. 364.12(12h))
12.07 COSTS OF ABATEMENT
The following shall apply to abatement procedure:
1. COLLECTION. The clerk shall send a statement of the total expense incurred by certified mail to the property owner
who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within
one month, the clerk shall certify the costs to the county auditor and it shall then be collected with and in the same
manner as general property taxes.
(Code of Iowa, Sec. 364.12(3h))
a. INSTALLMENT PAYMENT. If the amount expended to abate the nusiance or condition exceeds $100, the city
shall permit the assessment to be paid in up to ten (10) annual installments, to be paid in the manner and with
the same interest as benefited property under the Code of Iowa.
(Code of Iowa, Sec. 364.13)
2. The City may collect all associated abatement expenses in a Court of Small Claims.
3. The City may institute civil proceedings to obtain injunctive and declaratory relief of such orders of the court as are
reasonable and proper to abate practices, conditions or circumstances found to be contrary to or prohibited by the
provisions of this Chapter.
4. Any violation of the provisions of this Chapter shall also constitute a Municipal infraction.