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Frequently
Asked Questions
The following questions are some of the ones that we hear most
often:
1.) What are the numbers for the Jackson County: Assessor, Auditor,
Fairgrounds, Sanitarian, Treasurer, Recorder?
2.) Where do I get my driver's license renewed?
3.) Where do I pay for my car's license plates?
4.) Where do I register to vote?
5.) What does the City's Grass & Weed Ordinance require?
6.) What is a "nuisance?"
1.) What are the numbers for the various offices under Jackson
County?
Jackson County Assessor - 563-652-4935
Jackson County Auditor - 563-652-3144
Jackson County Fairgrounds - 563-652-4282
Jackson County Historical Society - 563-652-5020
Jackson County Landfill Administrator - 563-652-5658
Jackson County Public Hospital - 563-652-2474
Jackson County Sanitarian - 563-652-5658
Jackson County Senior Center - 563-652-6771
Jackson County Recorder - 563-652-2504
Jackson County Treasurer - 563-652-5649
Jackson County Zoning - 563-652-5658
2.) Where can I get a driver's license issued or renewed?
The Iowa Dept of Transportation has a driver's license office
at the Jackson County Courthouse that can be reached at 563-652-2617.
3.) Where do I pay for my car's license plates?
This would be at the Jackson County Courthouse at
563-652-5649
4.) Where do I register to vote?
You can register to vote with the County Auditor's Office a the
Jackson County Courthouse or call 563-652-3144.
5.) What does the City's Grass & Weed Ordinance require?
"CHAPTER 20 MAINTAINING BOULEVARD AND PRIVATE PROPERTY WHEREAS,
the Code of Iowa at 364.12(c) provides that Cities may require the
abutting property owner to maintain all property outside the lot
and property lines and inside the curb lines upon the public streets;
now, therefore, the City Council enacts an Ordinance governing the
duty of property owners within the City to maintain the abutting
property outside the lot and property lines and inside the curb
or traveled portion of the public street.
6-20-1 DEFINITIONS
A. "Boulevard" means the property outside a property owner's lot
and property lines and inside the curb lines upon the public streets,
or in the absence of a curb from the traveled portion of the public
street to the lot or property line.
B. "Private Property" means all real estate within the owner's
property or lot lines as shown on the plats of the Auditor of Jackson
County.
C. "Property Owner" means the owner of real estate as shown in
the records of the Auditor of Jackson County.
D. "Inspector" means the City Inspector or his/her Designee.
E. "Public Street" means the area from curb to curb or in the
absence of curbing, the traveled portion of a public street, highway,
road, or alley within the City limits.
F. "Zone" and "Areas Zoned" means the Residential - 1, Residential
- 2, Residential -3, Business - 1, Business -2, Industrial - 1,
Industrial - 2, or Industrial - 3 districts with boundaries established
under Title 5, Chapter 1 - B of the Code of Ordinances and set forth
upon the District Map as it may, from time to time, be amended.
G. "Waterway" means a river, lake, pond, stream, creek, wetland,
or other watercourse and adjacent banks.
6-20-2 MAINTENANCE OF BOULEVARD AND PRIVATE PROPERTY All property
owners shall maintain their property and the abutting boulevard
according to the following standards:
A. In districts zoned R-1, R-2, R-3, B-1, or B-2, all grasses,
weeds, vines and brush shall be cut or destroyed when said growth
exceeds six inches (6") in height.
B. In areas zoned other than R-1, R-2, R-3, B-1 or B-2, all grasses,
weeds, vines and brush shall be cut or destroyed when said growth
exceeds ten inches (10") in height.
C. Keep the abutting boulevard free of holes, excavations, protrusions,
or other obstacles which could cause injury to the public.
6-20-3 EXCEPTIONS
A. "Street Trees" as that term is defined in City Ordinance 6-14-1(1)
are hereby excepted from the requirements and enforcement of this
Ordinance.
B. Waterways may exceed the standards established by this Chapter,
except that any growth of weeds, vines, or brush shall be cut or
destroyed when such growth exceeds two feet (2') in height.
C. Farm crops, pasture, vineyards, orchards, and garden plants
grown or located on private property may exceed the requirements
of this Ordinance. However, weeds and brush in such areas shall
be cut when the height of such weeds or brush exceeds two feet (2').
ADDITIONAL EXCEPTIONS The owner of a hillside, waterway or gully
located on private property may make application to the City Council
to exceed the requirements of this Ordinance for the hillside, waterway
or gully located on private property; and, upon receipt of such
an application, the City Council shall make a finding whether or
not the hillside, waterway or gully located on private property
may be maintained at a level that exceeds the requirements of this
Ordinance but does not create a public health, safety or fire hazard;
and, if the City Council makes such a finding, the Council may,
by Motion, grant relief to the property owner from the requirements
of this Ordinance and may establish a level of maintenance for the
property that does not constitute a health, safety or fire hazard.
The City Inspector may make a similar application for hillsides,
waterways and gullies located on publicly owned property and the
City Council may act upon the application according to procedures
set forth in this section.
A copy of the application to exceed the requirements of this Ordinance
shall be mailed by regular U.S. Mail by the City Clerk to all property
owners whose property abuts the property that is the subject of
the application not less than seven (7) days prior to the City Council
meeting at which the application is acted on by the City Council.
A property owner or abutting property owner who is aggrieved by
the action of the City Council under this subsection shall have
the right of appeal to the District Courts if that appeal is taken
within thirty (30) days of the action of the City Council upon the
application. If the appeal is not filed within thirty (30) days
of the action of the City Council, then the applicant and abutting
property owner shall have waived all right of appeal of the action
of the City Council.
6-20-4 FAILURE TO COMPLY
A. If the property owner fails to maintain the property as required
under this chapter after notice is given as provided in this chapter,
the inspector shall order the work to be done by City employees
or by a Contractor.
B. The total cost and expense of the work done, including any
administrative fees, shall be paid by the property owner. Failure
to pay shall result in the cost being assessed against the property
for collection in the same manner as a property tax.
6-20-5 NOTICE TO OWNERS Notice of a condition that violates the
terms of this Ordinance shall be mailed by certified mail to the
address of the property owner as shown on the records of the County
Auditor. The Notice shall state the condition that violates the
terms of this Ordinance and the actions required to remedy the violation
and the notice shall further state that the owner of the property
has three (3) calendar days within which to perform the actions
required and that if he/she fails to do so within the time allowed
that the City will perform the required actions and the costs incurred
by the City shall be assessed against the property for collection
in the same manner as a property tax. In addition, this notice shall
inform the property owner that he/she has the right to appeal the
matter to the City Manager under Title 6, Chapter 20, Section 7.
The Notice shall further state that, during the calendar year
in which a notice under 6-20-5 has been served, the City may remedy
any repetition of the same violations and may assess the costs of
the remedy as a property tax without further notice to property
owners.
(Ord. 902, Passed 8-3-98)
6-20-6 BILLING When the City has performed actions to remedy a
violation of this Ordinance a statement of the City's cost shall
be sent by regular U.S. Mail to the last known address of the property
owner; and, the statement shall inform the property owner of the
cost of work and of the intent of the Council to assess the cost
for collection in the same manner as a property tax if the billing
is not paid at City Hall within sixty (60) days of the date of the
billing.
6-20-7 APPEALS If the property owner objects to the Notice of
Action required under this Ordinance or to a statement of costs,
the objection shall be filed by the property owner with the City
Clerk in writing within seven (7) days of the date of the Notice
or Statement. The objection shall be heard by the City Manager or
his/her Designee without unnecessary delay and the City Manager
shall make a decision regarding the Notice or Statement and shall
immediately notify the property owner of the decision in writing.
Failure to appeal within the time specified constitutes a waiver
of all rights to a hearing.
A property owner aggrieved by the decision by the City Manager
or his/her Designee may appeal the decision to the City Council
by making a request in writing that states the objection to the
decision within seven (7) days of the date of the decision. The
City Council shall hear the appeal at the next scheduled Council
meeting and the City Council may uphold or modify or overrule the
decision of the City Manager. An appeal from the decision of the
Council must be filed in the District Court within ten (10) days
of the date of the Council's decision.
6-20-8 EMERGENCY If the Inspector determines that a clear and
compelling emergency exists, the Inspector may cause the necessary
maintenance required under this chapter to done immediately without
prior notification to the property owner. Before the cost of the
work can be assessed to the affected property, the property owner
shall be notified as provided in this chapter and offered the opportunity
to appeal as provided in this chapter.
6-20-9 VIOLATION-PENALTY
A. It shall be a violation of this Ordinance, and the conditions
of owner's property is hereby declared a public nuisance, if a property
owner fails to do the action required to remedy a violation of the
terms of this Ordinance as stated in the Notice mailed by certified
mail under 6-20-5 of this Ordinance and has failed to state an objection
to the Notice as provided 6-20-7.
B. A violation of this chapter shall constitute a simple misdemeanor
and in addition, may be prosecuted as a municipal infraction.
6-20-10 SEVERABILITY CLAUSE If any of the provisions of this Ordinance
are for any reason illegal or void, then the lawful provisions of
this Ordinance, which are separable from said unlawful provisions
shall be and remain in full force and effect, the same as if the
Ordinance contained no illegal or void provisions.
6-20-11 REPEALER All Ordinances or parts of Ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
6-20-12 EFFECTIVE DATE This Ordinance shall be in full force and
effective after its final passage and publication as by law provided."
6.) What is a "nuisance" as characterized by City Ordinance?
A "nuisance" is defined and treated by City Ordinance as follows:
3-2-1 DEFINITIONS. For use in this Ordinance, the following terms
are defined:
1. The term "nuisance" shall mean whatever is injurious to health,
indecent, or offensive to the senses or an obstacle to the free
use of property so as essentially to interfere with the comfortable
enjoyment of life or property. The following are declared to be
nuisances:
A. The erecting, continuing or using any building or other place
for the exercise of any trade, employment or manufacture, which
by occasioning noxious exhalations, offensive smells, or other annoyances,
becomes injurious and dangerous to the health, comfort of property
or individuals or the public.
B. The causing or suffering any offal, filth, or noisome substance
to be collected or to remain in any place to the prejudice of others.
C. The obstructing or impeding without legal authority the passage
of any navigable river, harbor, or collection of water.
D. The corrupting or rendering unwholesome or impure the water
of any river, stream, or pond, or unlawfully diverting the same
from its natural course or state; to the injury or prejudice of
others.
E. The obstructing or encumbering by fences, buildings or otherwise
the public roads, private ways, streets, alleys, commons, landing
places or burying grounds.
F. Houses of ill fame, kept for the purpose of prostitution and
lewdness, gambling houses, or houses resorted to for the use of
opium or hashish or houses where drunkenness, quarreling, fighting
or breaches of the peace are carried on or permitted to the disturbance
of others.
G. Billboards, signboards, and advertising signs, whether erected
and constructed on public or private property, which so obstruct
and impair the view of any portion or part of a public street, avenue,
highway, boulevard or alley or of a railroad or street railway track
as to render dangerous the use thereof.
H. Cotton-bearing cottonwood trees and all other cotton bearing
poplar trees in cities.
I. The depositing or storing of flammable junk, such as old rags,
rope, cordage, rubber, bones and paper by dealers in such articles
within the fire limits of any city, unless it be in a building of
fireproof construction.
J. The emission of dense smoke, noxious fumes or fly ash.
K. Dense growth of all weeds, vines, brush or other vegetation
in the city so as to constitute a health, safety or fire hazard.
L. Trees on private property infected with Dutch elm disease.
M. Effluent from a septic tank or drainfield or ponding of polluted
water over an overloaded or non-operating drainfield.
N. The obstruction of a gutter or drainage ditch or pipe.
O. The maintaining of any accumulations of rubbish and animal
manure.
2. The term "property owner" shall mean the contract purchaser
if there is one of record, otherwise the record holder of legal
title.
3-2-2 NUISANCE PROHIBITED. The creation or maintenance of a nuisance
is hereby prohibited, and a nuisance, public or private may be abated
in the manner provided in this Ordinance.
3-2-3 OTHER CONDITIONS REGULATED. The following actions are required
and may also be abated in the manner provided in this Ordinance:
1. The removal of diseased trees or dead wood, but not diseased
trees and dead wood outside the lot and property lines and inside
the curb lines upon the public street.
2. The removal, repair, or dismantling of a dangerous building
or structure.
3. The connection to public drainage systems from abutting property
when necessary for public health or safety.
4. The connection to public sewer systems from abutting property,
and the installation of sanitary toilet facilities and removal of
other toilet facilities on such property.
5. The cutting or destruction of weeds or other growth which constitutes
a health, safety or fire hazard.
3-2- 4 NOTICE TO ABATE NUISANCE OR CONDITION. Whenever the Mayor
or other authorized municipal officer finds that a nuisance or other
condition listed in Section 3 exists, he/she shall cause to be served
upon the property owner as shown by the records of the County Auditor
a written notice to abate the nuisance within a reasonable time
after notice.
3-2-5 CONTENTS OF NOTICE TO ABATE. The notice to abate shall contain:
1. A description of what constitutes the nuisance or other condition;
2. The location of the nuisance or condition;
3. A statement of the act or acts necessary to abate the nuisance
or condition;
4. A "reasonable time" within which to complete the abatement;
5. 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 such person.
3-2-6 METHOD OF SERVICE. The notice shall be served by an officer
of the Maquoketa Police Department to the property owner as shown
by the records of the County Auditor.
3-2-7 REQUEST FOR HEARING AND APPEAL. Any person ordered to abate
a nuisance or condition may have a hearing with the officer ordering
the abatement as to whether a nuisance or prohibited condition exists.
A request for a hearing must be made in writing and delivered to
the officer ordering the abatement within the time stated in the
notice, or it will be conclusively presumed that a nuisance or prohibited
condition exists and it must be abated as ordered subject to appeal
to the State District Court.
At the conclusion of the hearing, the hearing officer shall render
a written decision as to whether a nuisance or prohibited condition
exists, he/she must order it abated within an additional time which
must be reasonable under the circumstances. An appeal from this
decision may be had by immediately filing a written notice with
the hearing officer. This appeal will be heard before the City Council
at a time and place fixed by the Council. The findings of the Council
shall be conclusive unless appealed to the State District Court
within ten (10) days. If a nuisance or prohibited condition is found
to exist, it shall be ordered abated within a time reasonable under
the circumstances.
3-2-8 ABATEMENT IN EMERGENCY. If it is determined that an emergency
exists by reason of the continuing maintenance of the nuisance or
condition, the City may perform any action which may be required
under this Ordinance within prior notice. The City shall assess
the costs as provided in Section 3-2-10 of this Ordinance, after
notice to the property owner under the applicable provision of Section
3-2-4 and 3-2-5 and hearing as provided in Section 3-2-7.
3-2-9 ABATEMENT BY MUNICIPALITY. 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 City Clerk who shall pay such expenses on behalf
of the municipality.
3-2-10 COLLECTION OF COST OF ABATEMENT. The Clerk shall mail a
statement of the total expense incurred 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, he shall certify
the costs to the County Auditor and it shall then be collected with,
and in the same manner, as general property taxes.
3-2-11 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount
expended to abate the nuisance or condition exceeds $1,000, the
City may permit the assessment to be paid in up to five (5) annual
installments, to be paid in the same manner and with the same interest
as benefited property."
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