Posted: October 2, 2024 | Updated: October 2, 2024
ORDINANCE NO. 517
NUISANCE ABATEMENT PROCEDURE
AN ORDINANCE AMENDING CHAPTER 50, NUISANCE ABATEMENT PROCEDURE OF THE CODE OF ORDINANCES, CITY OF CRESCO, BY AMENDING SECTION 50.06 (2) AND ADDING SECTION 50.08
BE IT ENACTED by the City Council of the City of Cresco, Iowa, as follows:
SECTION 1. Chapter 50, Nuisance Abatement Procedure, of the Code of Ordinances of the City of Cresco, Iowa, is hereby amended by amending Section 50.06 (2) and adding Section 50.08 as follows:
The existing section 50.02 (2) is hereby repealed and the following adopted in lieu thereof:
50.02 (2) Method of Service. The notice may be in the form of an ordinance or delivered by any of the following methods: first-class mail with certificate of mailing or certified mail; in-person delivery; delivery by law enforcement officer; posting of the notice in a conspicuous place on premises where the nuisance exists; or by any other delivery service such as Fed Ex or UPS.
SECTION 2. New Section. The Code of Ordinances of the City of Cresco, Iowa is amended by adding section 50.08 Habitual Violators, which is hereby adopted to read as follows:
50.08 Habitual Offenders. Any person who is found to have violated this article three or more times within a 36-month period, at any address in the City, shall be deemed to be a habitual violator.
In addition to other remedies set forth in the above sections, when it is determined by the department that a nuisance exists and/or that a person is a habitual violator, the City may File a civil action in the district court seeking an order enjoining the person from further violation of this article on real property owned or controlled by such person or real property where such person acts as an agent, tenant, or lessee of any residential dwelling, commercial establishment and/or real property within the City. The City may further request that upon entry of the injunction, the court allow the City to abate further violations without notice and/or seek an order of contempt.
All other provisions of Chapter 50, being Sections 50.01 to and including 50.07 shall remain the same, unchanged and in full force and effect. The foregoing amended section 50.02 (2) and 50.08 shall be in full force and effect from and after the date of passage and publication of this ordinance as provided by law.
SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
PASSED AND APPROVED THIS ______ DAY OF _______________, 20______.
_____________________________ ATTEST: ___________________________
Mayor Alexander Fortune City Clerk Nicole Hill
1st Reading 9/16/2024 2nd Reading 3rd Reading
I certify that the foregoing ordinance was published as Ordinance No. 517 on the day of , 2024.
__________________________
City Clerk Nicole Hill