ORDINANCE NO. 1.
REGULATION NO. 4-83
NUISANCE REGULATION
A REGULATION CONTROLLING NUISANCES HAVING PUBLIC HEALTH SIGNIFICANCE IN
WRIGHT COUNTY.
PURPOSE:
SCOPE:
It is hereby declared that the purpose of this Regulation is to
insure that facilities and conditions are of the quality necessary
to protect and promote the health, safety, and well-being of the
general public.
The provisions o£ this Regulation shall apply to all buildings
used or intended to be used for human occupancy within the
jurisdiction
of
Wright
County,
irrespective
of
when said
buildings, including housing, structures, premises, and facilities
were constructed, altered, or repaired.
SECTION I:
DEFINITIONS: For the purposes of this Regulation the terms defined herein
shall have the following meanings:
1. Meaning of certain words. The words "dwelling'(s)
when used in this ordinance shall be construed
as though they were followed by the words "or
part thereof," also included are "premises"'
"structure", etc. words used in the singular
include the plural and the plural the singular,
the masculine gender includes the feminine and
the feminine the masculine.
2. "Accessory structure" shall mean a detached
structure located on the same premises as the
principal structure which is not used, nor
intended to be used, for living or sleeping by
human occupants.
3. "Appurtenance" shall mean that which is directly or
indirectly
connected or accessory to a building.
4. "Building" shall mean any structure built, used or
designed, or intended for the support, shelter,
protection, storage of property, or housing of persons.
5. "Dilapidated" shall mean that conditions of a building
or structure or part thereof, which by reason of
inadequate maintenance, structural deterioration,
obsolescence, or abandonment is unsafe, unsanitary or
constitutes a fire hazard and is no longer adequate for
the purposes or uses for which it was originally
intended.
6. "Dwelling" shall mean any building, structure, or
mobile home except temporary housing, which is
wholly or partly used or intended to be used for
living or sleeping by human occupants and
includes any appurtenances attached thereto.
7. "Extermination" shall mean the control and elimination
of insects, rodents, or other pests by eliminating
their harborage places;
by removing or making inaccessible materials that may
serve as their food; by poisoning, spraying, fumigating,
trapping; or by. any other recognized and legal pest
elimination methods approved by the local or state
authority having such administrative authority.
8. "Garbage shall mean animal or vegetable waste resulting
from the handling, preparation, cooking, or consumption
of food including, but not limited to, food waste,
plastic containers, tin cans, glass bottles, and paper
products.
9. "Infestation" shall mean the presence within or around
a dwelling of any insects, rodents, or other pests.
10.
"Mobile home" shall mean any vehicle without motive
power use or so manufactured or constructed as to
permit its being used as a conveyance upon the
public streets and highways and so designed,
constructed, or reconstructed as will permit the
vehicle to be used as a place for human habitation
by one or more persons.
11. "Occupant" shall mean any person living in, sleeping
in, and/or cooking in, or having actual possession
of a dwelling unit.
12.
"Operator" shall mean any person who is the agent of
an owner who rents to another or who has custody or
control of a building, or parts thereof, or who has
custody or control of the premises as a guardian.
DEFINITIONS:
13. "Owner" shall mean any
and/or control of any
by virtue of legal or
dwelling, or dwelling
person who has custody
dwelling, or dwelling unit,
equitable title to said
unit.
14. "Person" shall mean any individual, firm,
corporation, association, partnership,
trust, or estate.
15. "Plumbing/mechanical" shall mean and include any
or all of the following supplied or required
facilities and equipment; gas pipes, gas-burning
equipment, water pipes, garbage disposal units,
waste pipes, toilets, sinks, lavoratories,
bathtubs, shower baths, water heating devices,
catch basins, drains, vents, and any other
similar supplied or required fixtures together
with all connections to water, sewer, or gas
services.
16. "Premises" shall mean a lot, plot, or parcel of
land including any buildings and/or accessory
structures thereon.
17. "Properly connected" shall mean connected in
accordance with the applicable codes and
ordinances of Wright County provided however,
that the application of this definition
shall not require the alteration or
replacement of any connection in good and
safe working condition.
18. "Rat harborage" shall mean any condition or place
where rats can live, nest or seek shelter.
19. "Rat proofing" shall mean a form of construction that
will prevent the ingress or egress of rats to or from
a given space or building or from gaining access to
food, water, or harborage.
20.
"Refuse" shall mean waste material (except human or
animal waste) such as garbage, rubbish, rags, lawn
trimmings, cold ashes, and dead animals.
21. "Refuse container" shall mean a container intended for the
temporary storage of refuse, which is constructed of a
durable material, with at least one opening which is
supplied with a tight fitting cover,
and is reasonable weatherproof and rodent-proof.
22. "Rental property" shall mean any dwelling, dwelling
unit, which is being held out or being offered for
rent or is currently being let for rent and/or
occupied by any person who is not related
to the owner of the premises.
23. "Rubbish" shall mean inorganic waste material
consisting of combustible and/or noncombustible
materials.
24. "Safe" shall mean the condition of being reasonable
free from danger and hazards which may cause accidents
or disease.
SECTION II:
INSPECTIONS:
Whenever the Health Officer has reasonable grounds to believe that a
violation of this Regulation exists, he or his agent, or employee shall ask
permission of the owner or occupant to enter upon and make an inspection of
such premises, dwelling, or other building, and to gather other necessary
information, including photographs or other necessary specimens for the
purpose of determining if a violation of this Regulation does exist.
Such inspection shall be made between the hours of 8:00 A.M. and 5:00
P.M., Monday through Friday, and at other times with the consent of the
occupant. The provisions of this section shall apply to all premises,
buildings, or dwellings. vacant or occupied. The Health Officer may make as
many additional inspections of such premises as are necessary, and for which
he shall have permission.
SECTION III:
REFUSAL OF ADMITTANCE:
In the event the Health Officer, in proceeding to enter any premises for the
purpose of making an inspection to carry out the provisions of this
Regulation, shall be refused entry to all or part of the structure, a
complaint may be made under oath to any magistrate of the county, and said
magistrate shall thereupon issue his warrant directed to some peace officer
of the county commanding him between the hours of sunrise and sunset,
accompanied by the Health Officer, to enter upon such premises and to make
such inspection and to obtain such samples as may be required to carry out
the provisions of this Regulation, which order shall be executed by said
officer under the direction of the Health Officer.
SECTION IV:
NOTICE:
(1.)Whenever the Health Officer determines that there are reasonable
grounds to believe that there has been a violation of any provision of this
Regulation or any Regulation adopted pursuant thereto, he shall give notice
of such alleged violation to the persons responsible therefore, as
hereinafter Provided. Such notice shall be issued in accordance with the
Administrative Procedures of the Wright County Board of Health.
SECTION V:
HEARINGS:
1. In the event any person is aggrieved by any order made or action taken
by the Health Officer, he may within twenty (20) days of the date of such
order appeal to the Board of Health, and such appeal shall be in writing
delivered to the Health Officer in compliance with Section IV (1), and shall
state his reason for requesting such order to be rescinded or modified. If
in said appeal he asks for a hearing before the Board of Health, such
hearing shall be granted on or before the next regularly scheduled Board of
Health meeting and following the receipt of such request. If the request for
the hearing is served within seven days of the next regularly scheduled
Board of Health meeting, the Health Officer may continue said hearing until
the following regularly scheduled meeting; but in no event shall a hearing
be held more than sixty days after service of the request. If no request is
made for a hearing, the right of hearing shall be waived. The Board of
Health shall review the action of the Health Officer and if reasonable
grounds exist, shall modify, withdraw, or order compliance with the said
order or action. Appeal from any order of the Board of Health may be taken
within twenty (20) days after the Board of Health's ruling to the District
Court of Wright County, Iowa.
SECTION VI:
JURISDICTION:
The provision of this Regulation shall apply throughout Wright County,
Iowa, including cities and towns therein.
SECTION VII:
ENFORCEMENT:
It shall be the duty of the Health Officer to enforce provisions of
this Regulation and this duty may be delegated to his authorized
representatives.
SECTION VIII:
PENALTY:
Any person violating this Regulation or any provision thereof after an
order of the Health Officer or Board of Health and the time for appeal from
said order has expired, shall be guilty of a misdemeanor and upon conviction
thereof may be fined not more than one-hundred-dollars (100.00) or
imprisoned in jail for a period not to exceed thirty (30) days, each day
that a violation exists constitutes a separate offense.
SECTION IX:
SUPPLIMENTAL POWER:
No section, clause, or provision of this Regulation shall limit the
power of the Health Officer or the Board of Health to obtain injunctive or
other relief or to enforce Public Health Laws or Regulations or standards in
any other lawful manner.
SECTION X:
SEPARABILITY OF PROVISIONS:
If any section, paragraph, clause, or provision of this Regulation
shall be held invalid, the invalidity of such section, paragraph, clause, or
provision shall not affect any of the remaining provisions of this
Regulation.
SECTION XI:
MINIMUM STRUCTURE REQUIREMENTS FOR ALL BUILDINGS:
1.
2.
Supplied Facility: Every supplied facility, piece of
equipment, and required utility shall be constructed and/or
installed such that it will not constitute a violation of
this Code nor expose occupants
to any unsafe or unsanitary conditions.
Ventilation: Interior air quality: Every dwelling unit
shall be free from dangerous levels of air pollution from
carbon monoxide, sewer gas, fuel gas, dust, and other
harmful air pollutants.
3. Every window, soffit, or roof vent, used or intended to
be used for ventilation of non-habitable space and
every other opening
to a cellar, crawl space, or interior roof area, which might
provide an entry for rodents or birds, shall be supplied
with a heavy wire screen of not larger that one-fourth (Z)
inch mesh or such device as will effectively prevent their
entrance.
SECTION XII:
PROHIBITED ACTS:
1. It is prohibited to establish, continue, maintain, operate, own,
sell, rent, act as an agent to sell or rent, or offer to give or
furnish free any building, dwelling, habitation, house or other
structure that is dangerous
to life, or detrimental to the health, safety, or well-being of
the community. Such buildings include, but are not limited to;
those that are in violation of the state, county, or local
building or housing code. These include buildings that are
incomplete, partially repaired, partially demolished, damaged
by fire, decay, water, or age, or are so situated as to
constitute a nuisance.
2. It prohibited to establish, continue, maintain, or operate any
building or place which is conducive to the uncontrolled
breeding, feeding, harboring, or sheltering of any pests,
varmints, vectors, or vermin such as but not limited to cats,
dogs, flies, mice, mosquitoes, pigeons, rats, sparrows, or
starlings. It is prohibited to allow feces to accumulate inside
of premises. If feces are present inside of premises, they shall
be disposed of so that:
a. They will not be accessible to animals, insects, rodents,
or-other possible vectors.
b. They will not be accessible to children.
c. They will not result in odors or unsightly appearance.
3. It is prohibited to fail to secure areas, buildings, or places against
accidental or unauthorized access where such access threatens the
health or safety of citizens, and especially where such an area or
place is an attraction to the immature citizen. Fences, railings, and
other guards should be well built, kept in good repair and of adequate
height to perform their function and to have no sharp hooks, points,
projection barbs, spikes or other devices that are in themselves
hazardous; except that barb wire may be used to enclose agricultural
land(s).
(ed)
4. No agency, corporation, firm, or person shall deposit or keep
disorganized piles of junk and refuse such as, but not limited to,
barrels, boxes, brush, bedsprings, cans, cartons, discarded
furniture, discarded machinery, glass rags, scrap iron, tin, tires
wire, or old lumber, upon his or its premises. Recyclables, used or
scrap lumber and other items of value shall be stored so as to not
to create a rat harborage or fire hazard.
5. Depositing or storing explosive material in any building or place
is prohibited unless it be with the knowledge and written
approval of the local fire control authority.
SECTION XIII:
REQUIRED ACTS-OF RESPONSIBILITIES:
1. Every owner or occupant of a dwelling shall supply adequate facilities
for the disposal _of garbage. Every owner or occupant of a dwelling
shall dispose of rubbish, garbage, animal waste, and any other
organic waste in a clean and sanitary manner by placing it in the
supplied disposal facilities or storage containers and/or by having
it removed from the premises so as not to create nuisance
conditions.
2.
Each owner, owner’s agent, operator, or person is responsible for. the
maintenance and occupancy of the premises. This includes any building,
dwelling, mobile home (not in a mobile home park,) or rental property.
a.
Maintenance of structure.
Every foundation, roof, floor, wall, ceiling, stair, step,
elevator, handrail, guardrail, porch, sidewalk, and
appurtenance attached thereto shall be maintained in safe
and sound condition and shall be capable of supporting the
loads that normal use may cause to be placed thereon.
b. Any accessory structures present or provided by the owner, owners,
agent, operator, person, or tenant occupant on the premises of a
dwelling shall be structurally sound and be maintained in good
repair and reasonably free of insects and rodents.
3. Each occupant is responsible for the maintenance and occupancy of the
premises. This includes any building, dwelling, mobile home (not in a
mobile home park,) or rental property.
a. Occupant responsible for controlled area.
(1) Every occupant of a building, dwelling, dwelling unit,
mobile home (not in a mobile home park) or premises
shall keep in a clean, safe, and sanitary condition that
part he/she occupies and controls.
(2) Every interior partition, wall, floor, floor covering,
ceiling, and other interior surfaces shall be kept in a
reasonably clean and sanitary condition.
(a) No dwelling or the premises thereof shall be used
for the storage or handling of refuse.
(b) No dwelling or the premises thereof shall be used
for the storage or handling of dangerous or hazardous
materials.
4.
a. Every residential structure, dwelling or dwelling unit, and
premises and upon which it is located, shall be maintained in a
reasonable rodent-free and _in _a rat-proof manner. This
consists of maintaining the basic integrity of the structure by
closing and keeping closed, holes, and fissures in a
foundation, basement, cellar, exterior
or interior wall, floor, roof, and other places that may be
reached or entered by rats or other rodents by burrowing,
climbing, or flying. The proper use of materials and
acceptable methods may also accomplish this.
b. Care and attention shall be taken to prevent the entrance or
harborage of other pests. These include, but are not limited to;
bats, birds, mice, skunks, and other animals of public health
significance.
Corrective pest extermination measures shall be
initiated when pest infestations are deemed to be a
problem.
This ordinance shall be in full force and effect from and after
its publication as provided by law.
November 7, 1983.
ATTEST: