Important City Ordinances
This is not a complete list of ordinances for the city of Elk Horn. For a complete listing of the ordinances click here
CHAPTER 2 NUISANCES
j. The depositing or storing of inflammable junk, such as old rags, rope, cordage,
rubber, bones, and paper, by any person, including a dealer in such articles,
unless it be in a building of fire resistant construction.
(Code of Iowa, Sec. 657.2(9))
k. The emission of dense smoke, noxious fumes, or fly ash.
(Code of Iowa, Sec. 657.2(10))
l. Dense growth of all weeds, grasses, vines, brush, or other vegetation in the City over 6 inches
as to constitute a health, safety, or fire hazard including any City owned
property between the abutting property line and the street right-of-way.
(Code of Iowa, Sec. 657.2(11))
p. Accumulations of rubbish or trash tending to harbor vermin, rodents, and rank
growth of weeds or other vegetation and plants, which is conducive to hazard.
(Code of Iowa, Sec. 657.2)
3-2-4 NOTICE TO ABATE NUISANCE OR CONDITION. Whenever the Mayor or other
authorized municipal officer finds that a nuisance or other condition exists which is listed in
Section 3, the Mayor or officer shall notify the property owner as shown by the records of the
County Auditor to abate the nuisance within a reasonable time after notice.
(Code of Iowa, Sec. 364.12(3)(h))
3-2-5 CONTENTS OF NOTICE TO ABATE. The notice to abate shall contain:
(Code of Iowa, Sec. 364.12(3)(h))
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.
Chapter 3 TRAFFIC CODE
3-3-21 PARKING FOR PERSONAL VEHICLES. Personal vehicles included passenger cars, vans sport utility vehicles, pickup trucks, campers, boats and boat trailers. Maximum height of any personal vehicle may not exceed eight (8) feet from grade.
1. Parking is permitted within any enclosed structure when such structure conforms to the regulations of it's zoning district.
2. Parking is permitted on an all-weather driveway (defined as either paved, gravel or stone) within the font yard setback, but shall in no case encroach upon the public right-of-way. Personal vehicles may not be parked on the grass.
3. Parking may occur in the rear yard or side yard setback if on an all-weather parking space which is connected by an all-weather driveway to a dedicated public right-of-way and/ or alley.
4. No person shall stand or park a vehicles sin a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicles within eighteen (18) inches of the curb or edge of roadway except as provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets.
CHAPTER 8 SIDEWALK REGULATIONS
6-8-3 CLEANING SNOW, ICE AND ACCUMULATIONS. It shall be the duty of the owner to keep sidewalks abutting the owner's property clear of the natural accumulations of snow or ice. If the owner fails to do so eight (8) hours for commercial properties and twenty-four (24) hours for residential properties after deposit of accumulation, the Mayor may have the natural accumulations of snow or ice removed without notice to the property owner. The Mayor shall give the Council an itemized and verified statement of the removal costs and a legal description of the property at the next regular Council meeting. The costs shall be reviewed by the Council, and if found correct, shall be assessed against the property as taxes. The City Clerk shall be directed to certify the costs to the County Treasurer for collection as provided in Section 364-12 of the Code of Iowa.
CHAPTER 10 JUNK AND ABANDONED VEHICLES
3-10-1 PURPOSE. The purpose of this chapter is to protect the health, safety, and welfare of
the citizens and safety of property of this City by providing for removal of abandoned motor
vehicles and the elimination of the open storage of abandoned and junk motor vehicles and
machinery except in authorized places.
(Code of Iowa, Sec. 3641.1)
3-10-2 DEFINITIONS. For the purpose of this chapter, the following terms are defined as
1. "Abandoned vehicle" means any of the following:
a. A vehicle that has been left unattended on public property for more than twentyfour
hours and lacks current registration plates or two or more wheels or other
parts which render the vehicle inoperable; or unsafe or
b. A vehicle that has remained illegally on public property for more than twentyfour
c. A vehicle that has been unlawfully parked on private property or has been
placed on private property without the consent of the owner or person in control
of the property for more than twenty-four hours; or
d. A vehicle that has been legally impounded by order of the Mayor and has not
been reclaimed for a period of ten days; or
e. Any vehicle parked on the street determined by the Mayor to create a hazard to
other vehicular traffic.
(Code of Iowa, Sec. 321.89(1)(b))
2. "Private property" means any real property within the City which is not public property
as defined in this section.
3. "Public property" means any public right-of-way open for the purposes of vehicular
4. A "junk vehicle" means any vehicle without current license plates or which has any one
of the following characteristics:
a. Any vehicle with a broken or cracked windshield, or window or headlight or
any other cracked or broken glass.
b. Any vehicle with a broken or loose fender, door or bumper or hood or door
handle or window handle or steering wheel, trunk top or trunk handle or tail pipe.
c. Any vehicle which has become the habitat of rats, mice, or snakes, or any other
vermin or insects.
d. Any motor vehicle if it lacks an engine or two or more wheels or other
structural parts which render said motor vehicle totally inoperable.
e. Any other vehicle which, because of its defective or obsolete condition, in any
other way constitutes a threat to the public health and safety.
(Cedar Falls v. Flett 330 N.W. 2nd 251, 253, Iowa 1983)
5. "Vehicle" means every device in, upon, or by which a person or property is or may be
transported or drawn upon a highway or street, excepting devices moved by human power
or used exclusively upon stationary rails or tracks, and shall include without limitation a
motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm
machinery, or any combination thereof.
3-10-3 REMOVAL OF ABANDONED VEHICLES.
1. Law enforcement or the Mayor may, without prior notice or hearing, remove and
impound any abandoned vehicle as defined in section 3-10-2 (1). Law enforcement or the
Mayor may hire other personnel, equipment, and facilities for the purpose of removing,
preserving, storing, or disposing of abandoned vehicles.
2. The impoundment and storage of all vehicles pursuant to this chapter shall be in such
areas or places designated by the City Council.
3. When a vehicle is taken into custody and impounded under the provisions of this
chapter, the Mayor shall maintain a record of the vehicle, listing the color, year of
manufacture, manufacturer's trade name, body style, vehicle identification number, and
license plate and year displayed on the vehicle. The records shall include the date and
hour of tow, location towed from, location towed to, person or firm doing the towing,
reason for towing, and the name of the officer authorizing the tow.
(Code of Iowa, Sec. 321.89(2))
4. Nothing in this chapter shall govern the procedures of any police officer in taking into
custody and impounding any vehicle to be used or proposed to be used as evidence in a
criminal case involving crimes other than violations of this chapter.
3-10-4 NOTIFICATION OF OWNERS AND LIEN HOLDERS.
1. When a vehicle is taken into custody under the provisions of this chapter or under any
provisions of State law, the Mayor shall notify, within three days, by certified mail with
five-days return receipt, the last known registered owner of the vehicle, all lien holders of
record, and any other known claimant to the vehicle or to personal property found in the
vehicle, addressed to their last known addresses of record, that the abandoned vehicle has
been taken into custody. Notice shall be deemed given when mailed. The notice shall:
a. Describe the year, make, model, and serial number of the vehicle.
b. Describe the personal property found in the vehicle.
c. Describe the location of the facility where the vehicle is being held.
d. Inform the persons receiving notice:
i. of their right to reclaim the vehicle and personal property within ten
days after the effective date of the notice;
ii. that the right can be exercised upon payment of all towing,
preservation, notice, and storage charges resulting from placing the vehicle
iii. that failure of the owner or lienholders to exercise their right to reclaim
the vehicle within the reclaiming period shall be deemed a waiver by the
owner and all lienholders of all right, title, claim, and interest in the
iv. that failure to reclaim the vehicle is deemed consent to the sale of the
vehicle at a public auction or disposal of the vehicle to a demolisher.
e. State that any person claiming rightful possession of the vehicle or personal
property who disputes the planned disposition of the vehicle or personal property
by the City or the assessment of fees and charges provided by this chapter may
request a hearing to contest these matters in accordance with the provisions of
f. State that a request for a hearing must be in writing and received by the
department prior to the expiration of the ten day reclaiming period.
g. State that in the event a hearing is requested immediate release of the vehicle
may be obtained by posting a cash bond as required by Section 3-10-5.
(Code of Iowa, Sec. 321.89(3)(a))
2. The owner, lienholders or any person receiving notice may, by written request received
by the Mayor prior to the expiration of the ten day reclaiming period, obtain an additional
fourteen days within which the vehicle may be reclaimed.
(Code of Iowa, Sec. 321.89(3)(c))
3. Notice by one publication in one newspaper of general circulation in the area where the
vehicle was abandoned shall be sufficient to meet the requirements of this chapter. The
published notice may contain multiple listings of abandoned vehicles but shall be
published within the same time requirements and shall contain the same information as
prescribed for mailed notice in this section. Published notice shall be used if:
a. the identity of the last registered owner cannot be determined, or
b. the registration contains no address for the owner, or
c. it is impossible to determine with reasonable certainty the identity and address
of all lienholders.
(Code of Iowa, Sec. 321.89(3)(b))
4. If the persons receiving notice do not request a hearing or exercise their right to reclaim
the vehicle or personal property within the reclaiming period, the owner of the vehicle or
owners of the personal property shall no longer have any right, title, claim, or interest in
or to the vehicle.
5. No court in any case in law or equity shall recognize any right, title, claim, or interest of
the owner and lienholders after the ten day reclaiming period.
3-10-9 NOTICE TO ABATE.
1. Whenever the Mayor shall find a junk vehicle placed or stored on private property
within the City in violation of Section 3-10-8, the Mayor shall notify, by certified mail
with five days' return receipt, the following persons:
a. the owner of the property.
b. the occupant of the property.
2. The notice to abate shall:
a. describe, to the extent possible, the year, make, model, and color of the vehicle.
b. describe the location of the vehicle.
c. state that the vehicle constitutes a nuisance under the provisions of this chapter.
d. state that the owner of the property shall remove or repair the said junk vehicle
within ten days.
3-10-10 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.
(Code of Iowa, Sec. 364.12(3)(h))
3-10-12 EXCEPTIONS. This chapter shall not apply to the following:
1. A vehicle in an enclosed building.
2. A vehicle on the premises of a business enterprise operated in a district properly zoned
therefor, as authorized under the Zoning Ordinance or restricted residence district of this
City, when necessary to the operation of said business enterprise.
3. A vehicle in an appropriate storage space or depository maintained in a lawful place and
lawful manner by this City.
CHAPTER 1 ANIMAL CONTROL
SECTION 1. Pursuant to published notice, a public hearing has been duly held and the City Council of the City of Elk Horn, Iowa hereby amends the following sections of Title IV, Chapter 1 of the City of Elk Horn Ordinances to read as follows:
4. "Farm animal" means every wild, tame or domestic animal kept or raised for the purpose of meat, milk, breeding, furbearing, work, recreation, sport, hobby, experimentation, or income excluding domestic dogs and cats; any and all animals of the following orders shall be deemed to be farm animals per se: ducks, geese, swine, cattle, sheep, goats, mink, skunks, doves, pigeons, hawks, falcons, chickens, turkeys, fowl-like birds, hares, rabbits, horses, ponies, asses, mules, squirrels, rats, and guinea pigs, and such exotic species as emu, ostrich, peacock, llama, pot-belly pig and snake (all species), to name only a few commonly raised in Iowa.
4-1-2 LICENSE. Every owner of a dog over the age of six (6) months shall procure a dog
license from the City Clerk.
The lifetime license fee shall be $20.00 per dog or cat. No household shall have more than two
dogs and two cats over the age of six months. If an unlicensed animal running at large is found, a fee to license shall be $50.00
Upon payment of the license fee, and providing proof of a current vaccination against rabies,
the City Clerk shall issue to the owner a metal tag stamped with the number of the license. The
license tag shall be securely fastened to a collar or harness which shall be worn by the dog or cat
for which the license is issued.
Any dog or cat found running at large without the license tag attached to its collar or harness
shall be deemed unlicensed.
4-1-3 IMMUNIZATION. All dogs six (6) months or older shall be vaccinated against rabies.
Before issuance of the license the owner shall furnish a veterinarian's certificate showing that the
dog for which the license is sought has been vaccinated, and that the vaccination does not expire
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within six (6) months from the effective date of the dog license. It shall be a violation of this
Ordinance for any dog to not be vaccinated against rabies. A tag showing evidence of proper
vaccination shall be worn by every dog when not confined.
(Code of Iowa, Sec. 351.33)
4-1-4 AT LARGE PROHIBITED. No owner or person having custody of an animal shall
permit such animal to run at large.
(Code of Iowa, Sec. 351.41)
4-1-5 ANIMAL NUISANCES. It shall be unlawful for any person to permit an animal under
such person's control or within such person's custody to commit a nuisance. An animal shall be
considered a nuisance if it:
1. Damages, soils, defiles or defecates on private property other than the owner's or on
public walks and recreation areas unless such waste is immediately removed and properly
disposed of by the owner.
2. Causes unsanitary, dangerous or offensive conditions.
3. Causes a disturbance by excessive barking or other noisemaking or chases vehicles, or
molests, attacks or interferes with persons or other domestic animals.
(Code of Iowa, Sec. 657.1)
1. Any unlicensed or unvaccinated dog found at large or any licensed dog found at large in
violation of Sections 4-1-3 and 4-1-4 of this chapter will be notified of such violation.
After the 3rd violation, the animal shall be seized and impounded, or, at the discretion of
the Mayor, the owner may be served a summons to appear before a proper court to answer
charges made thereunder.
2. Owners of licensed dogs shall be notified within two (2) days that upon payment of
impounding fees, the dog will be returned. If the impounded licensed dogs are not
recovered by their owners within seven (7) days after notice, the dogs shall be disposed of
as provided in Section 717B.4 Code of Iowa.
3. Impounded unlicensed dogs may be recovered by the owner, upon proper identification,
by payment of the license fee, impounding fee and boarding costs, and the costs of
vaccination if vaccination is required by Section 4-1-3. If such dogs are not claimed
within seven (7) days after notice, they shall be disposed of in a humane manner as
directed by the City Council.
(Code of Iowa, Sec. 351.37)
4. Any animal found to have bitten a person or other animal shall be confined as directed
by the Mayor.
(Code of Iowa, Sec. 351.39)
5. This section shall not apply to a law enforcement dog or horse used by the law
enforcement agency, that is acting in the performance of its duties, which has bitten a
(Code of Iowa, Sec 351.39)
4-1-7 DANGEROUS ANIMALS.
1. Dangerous Animals Prohibited. No person shall keep, shelter, or harbor for any purpose
within the City limits, a dangerous animal.
2. Definitions. A dangerous animal is:
a. Any animal which is not naturally tame or gentle, and which is of a wild nature
or disposition, and which is capable of killing, inflicting serious injury upon, or
causing disease among human beings or domestic animals, and having known
tendencies as a species to do so.
b. The following are animals which shall be deemed to be dangerous animals per
i. Lions, tigers, jaguars, leopards, cougars, lynx, and bobcats;
ii. Wolves, coyotes, and foxes;
iii. Badgers, wolverines, weasels, skunks and mink;
vi. Monkeys, chimpanzees, and apes;
vii. Alligators and crocodiles;
viii. Scorpions; gila monsters;
ix. Snakes that are venomous or constrictors;
x. Pit bulls meaning any dog that is an American Pit Bull Terrier,
American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog
displaying the majority of physical traits of any one or more of the
above breeds (more so than any other breed), or any dog exhibiting
those distinguishing characteristics which substantially conform to the
standards established by the American Kennel Club or United Kennel
Club for any of the above breeds.
xi. Any cross breed of such animals which have similar characteristics of
the animals specified above.
c. Any animals declared to be dangerous by the City Council.
3. Dangerous Animals Exceptions. The keeping of dangerous animals shall not be
prohibited in the following circumstances:
a. The keeping of dangerous animals in a public zoo, bona fide educational or
medical institution, humane society, or museum where they are kept as live
specimens for the public to view, or for the purpose of instruction, research or
study, and has obtained the written approval of the City Council.
4-1-8 KEEPING A VICIOUS ANIMAL. It shall be unlawful for any person or persons to
harbor or keep a vicious animal within the City. A vicious animal is deemed so when it shall
have attacked or bitten any person without provocation, or when the propensity to attack or bite
persons or other animals shall exist and such propensity is known or ought reasonably be known
to the owner thereof.
4-1-9 KENNEL DOGS. Kennel dogs which are kept or raised solely for the bona fide
purpose of sale and which are kept under constant restraint are not subject to the provisions of
4-1-10 REGULATION OF FARM ANIMALS OR LIVESTOCK
1. No person, firm, association or corporation in the City of Elk Horn shall have in their possession or control, to keep or harbor any farm animals as defined in Section 4-1-1
2. Persons keeping canaries, doves, pigeons, parrots, parakeets, gerbils, hamsters, goldfish, tropical fish. or other similar small animals, caged or otherwise confined as household pets within a residence, shall be exempt from the requirements of this section, unless said keeping is for the purpose of breeding and or maintaining for the purpose of resale.
3. Keeping of hens. The keeping of hens shall be allowed in the residential districts in accordance with the following condiditons:
a. A maximum of six (6) chickens (hens only) shall be allowed.
b. Chickens (hens only) shall be within a chicken coop, which shall be located in a side or rear yard.
c. The chicken coop shall be at least ten feet (10') from any lot line and at least fifty feet (50') from any dwelling.
CHAPTER 5 UTILITIES - BILLING CHARGES
6-5-1 UTILITY DEFINED. For use in this chapter, utility is the sewer, water, and refuse
collection systems operated by the City.
6-5-2 DISTRICTS. There shall be one sewer and water district which encompasses all of the
City of Elk Horn, Iowa.
6-5-3 DISPOSITION OF FEES AND CHARGES. All money received under this chapter
shall be deposited in the City treasury not later than the last day of the month in which it was
received and a written report of the amount and source of the fees and charges shall be on file
with the City Clerk.
6-5-4 BILLING, PENALTY. Utility bills shall be prepared, dated and issued on the date
following the City Council meeting each month. Utility bills shall be due on the twentieth (20th)
day of the month following the period for which service is billed. Payment shall be mailed to or
dropped off at City Hall or the Town Hall drop box location. Bills shall become delinquent after
the twentieth (20th) of the month in which due and bills paid after said day shall have added a
penalty of five dollars ($5.00). When the twentieth falls on Saturday or Sunday, the City Clerk
shall accept payment on the next day without penalty.
(Code of Iowa, Sec. 384.84(1))
6-5-5 DISCONTINUING SERVICE, FEES.
1. If any account is not paid within thirty days from the end of any given period, the service
to such owner or person so supplied with the utility shall be discontinued after the
following procedures have been complied with:
a. The City Clerk shall send a disconnect or discontinuance notice by ordinary
mail providing the following notice to customers: "You are advised that you may request a hearing on this matter to the City Clerk by noon on the day preceding the
scheduled shut-off date or discontinuance of service."
b. When a hearing is requested by a customer, the Mayor or the Mayor's designee
shall conduct a hearing within two (2) days following the request. The customer
shall have the right to present evidence or propose a payment plan. The decision
of the Mayor is final.
c. If service is discontinued for nonpayment of fees and charges, or for the
violation of any Ordinance, a fee of $50.00 shall be paid to the City Clerk in
addition to the rates or charges then due before such service is restored. If any
such service charge is not paid within sixty (60) days from the date it is due, the
same shall constitute a lien upon the premises served by said municipal system,
which said lien shall be collected in the same manner as taxes.
(Code of Iowa, Sec. 384.84(2))
d. A lien shall not be certified to the County Treasurer for collection unless thirty
(30) days prior written notice by ordinary mail of the intent to certify a lien is
given to the account holder of the delinquent account. If the account holder is a
tenant, and if the owner or property lessor of the property has made a written
request for notice, the notice shall also be given to the owner.
(Code of Iowa, Sec. 384.84 (3))
2. If the property in which there are delinquent utilities owing is sold before the City
certifies the lien to the County Treasurer, the City may certify the delinquent utilities
against another property located in this state owned by the delinquent user.
(Code of Iowa, Sec. 384.84(3)(a)(3)
6-5-6 RESIDENTIAL RENTAL PROPERTY. Residential rental property where a charge
for any of the services of water, sewer systems, storm water drainage systems, sewage treatment,
solid waste collection, and solid waste disposal is paid directly to the City by the tenant is exempt
from a lien for delinquent rates or charges associated with such services if the landlord gives
written notice to the City utility that the property is residential rental property and that the tenant
is liable for the rates or charges. A City utility may require a deposit not exceeding the usual cost
of ninety (90) days of the services of water, sewer systems, storm water drainage systems, sewage
treatment, solid waste collection, and solid waste disposal to be paid to the utility. Upon receipt,
the utility or enterprise shall acknowledge the notice and deposit. A written notice shall contain
the name of the tenant responsible for the charges, the address of the residential rental property
that the tenant is to occupy, and the date that the occupancy begins. A change in tenant shall
require a new written notice to be given to the City utility within thirty (30) business days of the
change in tenant. When the tenant moves from the rental property, the City utility shall return the
deposit, within thirty (30) days, if the charges for the services of water, sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal are
paid in full.
A change in the ownership of the residential rental property shall require written notice of such
change to be given to the City utility within thirty (30) business days of the completion of the
change of ownership. The lien exemption for rental property does not apply to charges for
repairs related to a service of water, sewer systems, storm water drainage systems, sewage
treatment, solid waste collection, and solid waste disposal if the repair charges become
(Code of Iowa, Sec. 384.84(3)(d))
(Code of Iowa, Sec. 384.84(3)(e))
(Amended in 2012)
6-5-7 CUSTOMER GUARANTEE DEPOSITS. Customer deposits shall be required of all
customers who are tenants, or others having no established credit record, and of those who have
an unacceptable credit record or who have a prior record of failure to pay water bills rendered.
Such deposit shall be forty dollars ($40.00) for each premise served. Deposits of customers
having established acceptable credit records for three (3) years shall have their deposits returned.
An occurrence or recurrence of a bad payment record may be the occasion for the City Clerk to
require a new or larger deposit for the continuation of service.
(Code of Iowa, Sec. 384.84(1))
6-5-8 WATER RATES. Water shall be furnished at the following monthly rates per property
serviced within the City limits:
(Code of Iowa, Sec. 384.84(1))
The first 3,000 gallons. - $30.00
All over 3,000 gallons - $7.50 per thousand gallons
The minimum charge shall be $25.00 per household or business building per billing month.
Commercial uses with meters over one inch (1”) shall pay an additional monthly assessment of
6-5-9 SOLID WASTE FEE. The collection and disposal of solid waste as provided by this
article is declared to be a benefit to the property served or eligible to be served and there shall be
levied and collected fees therefor in accordance with the following:
1. For each single family resident - $16.50 per month.
2. For each dwelling unit of a multiple family dwelling - $13.85 per month.
3. For persons owning, managing, operating, leasing or renting any commercial premise
where an excessive amount of refuse is collected and stored, said persons shall provide
the city proof of a contractual agreement for the timely disposal of said refuse, and shall
reimburse the contractor directly for its disposal.
4. For all addresses where a utility billing is made within the city, a $3.50 per month
landfill fee shall be charged.
(Code of Iowa, Sec. 384.84(1))
6-5-10 RATE OF SEWER RENT AND MANNER OF PAYMENT.
1. Each customer shall pay a sewer rental in the amount of forty percent (40%) of the bill
for water service, in accordance with Section 6-5-8, attributable to the customer for the
2. For those contributors who contribute wastewater, the strength of which is greater than
normal domestic sewage, a surcharge in addition to the normal user charge will be
collected, based on the following surcharge basis:
$0.052 per pound of BOD
$0.044 per pound of Suspended Solids
3. Any user who discharges any toxic pollutants which cause an increase in the cost of
managing the effluent or the sludge from the city’s treatment works, or any user which
discharges any substance which singly or by interaction with other substances causes
identifiable increases in the cost of operation, maintenance or replacement of the
treatment works, shall pay for such increased costs. The charge to each such user shall be
as determined by the responsible plant operating personnel and approved by the City
4. The user charge rates established herein apply to all users, regardless of their location to
the city’s treatment works.
(Code of Iowa, Sec. 384.84(1))
6-5-11 DETERMINATION AND PAYMENT OF SEWER RENT FROM PREMISES
WITH PRIVATE WATER SYSTEMS. Users whose premises have a private water system
shall pay a sewer rent in proportion to the water used and determined by the City Council either
by an estimate agreed to by the user or by metering the water system. The rates shall be the same
as provided in Section 6-5-10 applied as if a City water bill were to be paid. Rent shall be paid at
the same time and place as provided in Section 6-5-10.
(Code of Iowa, Sec. 384.84(1))
Footnote: See Code of Iowa, Sec. 384.38(3) concerning establishing districts and connection
CHAPTER 12 BUILDING PERMITS
6-12-1 PURPOSE. The purpose of this Chapter is to provide the City Council notice of the
type of structure, the kind of construction, the location of any structure to be erected or added
within the corporation, the location of any structure on any specific lot within the corporation and
to provide reasonable rules for the erection, reconstruction, altering and repair of all kinds of
6-12-2 STRUCTURE DEFINED. Anything constructed or erected with a fixed location on
the ground that protrudes above the ground or surface level of a parcel of property. Structures
include, but are not limited to, buildings, walls, fences, billboards, aboveground storage tanks,
and similar uses.
6-12-3 PERMIT REQUIRED. No structure shall be erected, reconstructed, altered or added
to without first securing a permit from the City Council.
6-12-4 APPLICATION. All requests for a building permit shall be submitted tso the City
Clerk on forms supplied by the City and accompanied with the appropriate fee for such permit.
6-12-5 FEES. There shall be a permit fee of $100 for any project cost up to $10,000. The
permit fee for any project over $10,000 shall be 1% of the total project cost for such permit. If a
permit is rejected, the fee shall be returned to the applicant.
6-12-6 PLANS REQUIRED. Plans and specifications of any proposed structure shall be filed
with the application for the permit.
6-12-7 LOCATION OF STRUCTURE. A complete showing and description of the real
estate involved and the location of the structure on the real estate shall be filed with the
application. The perimeter of the structure shall be staked prior to submitting an application.
6-12-8 FRONT YARD REQUIREMENTS. There shall be a front yard of not less than
twenty (20) feet, except as follows:
1. Where a structure is to be erected on a parcel of land that is within one hundred (100)
feet of existing structures on both sides, the minimum front yard shall be a line drawn
between the closest front corners of the adjacent structures on the two sides, or
2. Where a structure is to be erected on a parcel of land that is one hundred (100) feet of an
existing structure on one side only within the same block, such structure may be erected
as close to the street as a line drawn from the closest front corner of that structure to a
point twenty (20) feet back from the front lot line measured at the center of the lot on
which the proposed structure is to be erected.
3. Where lots have a double frontage, the front yard as required herein shall be provided on
6-12-9 SIDE YARD REQUIREMENTS. No building shall be erected closer than five (5) feet
to either side lot line, except in the business district where no side yard is required.
6-12-10 REAR YARD REQUIREMENTS. There shall be a rear yard provided for each
structure of not less than thirty (30) feet or twenty percent (20%) of the depth of the lot,
whichever amount is smaller, except in the business district where no rear yard is required.
6-12-11 SPECIAL REQUIREMENTS FOR RESIDENCES. Any structure which is to be a
residence for living shall meet the following special requirements.
1. A residence shall have a minimum of 1,000 square feet of livable space on the main
2. All residences shall have a permanent perimeter foundation constructed of cement,
concrete blocks with mortar or other permanent material approved by the City Council.
All foundations shall have footings that extend below the frost line.
6-12-12 VARIANCES. The city council may grant a variance to sections 6-12-8, 6-12-9, and 6-
12-10 where the setback requirements would cause a hardship on the property owner.
6-12-13 FENCES. No setback requirements shall be applicable to the construction of a fence.
6-12-14 CURB CUTS. No curb cut shall be constructed or permitted without first obtaining a
6-12-15 AUTHORITY OF CITY COUNCIL. The City Council shall have full authority to
accept or reject any plans and specifications submitted.
6-12-16 PERMIT ISSUED. Permits shall be issued by the City Clerk in duplicate, one copy for
the applicant and one copy to be retained in the City records.
6-12-17 LIMITATIONS ON PERMIT. In the event that construction covered by a permit is
not initiated and underway within one year from the date of issuance of a permit, such permit
shall be deemed void and of no effect. All permits shall expire and be void twelve (12) months
after issuance by the City Clerk. If construction is not completed a new application and fee must
CHAPTER 15 SWIMMING POOLS
6-15-1 DEFINITIONS. For use in this chapter, the following terms are defined:
1. “Swimming Pool” means any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains, is designed to
contain, or is capable of containing water more than 24 inches (610 mm) deep at any
point. This includes in-ground, above-ground and on-ground pools.
2. “Above Ground Swimming Pool” means any private recreational pool, pond, lake or
open tank not located within a completely enclosed building and capable of containing
water to a depth at any point greater than 24 inches.
3. “In-Ground Swimming Pool” means a swimming pool whose sides are not exposed and
are below the natural ground located adjacent to said swimming pool.
6-15-2 SWIMMING POOL REQUIREMENTS. No private swimming pool shall be allowed
within city limits unless it complies with the following requirements:
1. The swimming pool shall not be located in any front yard, and shall not be closer than
ten feet to any property line of the property on which it is located. Pump and filter
installations for pools shall not be closer than twenty feet to any property line.
2. The swimming pool shall be completely enclosed by a fence which must obstruct access
to the swimming pool. The fence must be six feet in height. Wooden fences with boards
placed vertically shall not have any opening wider than four inches per opening and
wooden fences with boards placed horizontally shall not have any opening wider than one
inch per opening.
3. A gate that is equipped with an automatic closing and latching device to protect against
uncontrolled access to the property shall be installed within the fence. The gate latch
shall be installed at least four feet above the ground.
4. For an above ground swimming pool, the pool shall be equipped with an automatically
retractable or removable ladder which shall be retracted or removed when the pool is not
5. It shall be the responsibility of the property owner where said pool is located to maintain
all pool fences, gates and closure devices in good operating condition. Failure to
maintain fences, gates and ladders shall constitute a violation of the ordinance and will be
subject to penalty.
6. Drainage from the pool shall be conveyed to the nearest storm drain system or street
curb so as to prevent the drainage from crossing another person's property or creating a
nuisance to neighboring properties.
7. The mayor may restrict the filling of swimming pools during times of drought when the
city is on water saving mode.
6-15-3 BUILDING PERMIT REQUIRED. Any property owner contemplating constructing
or placing a swimming pool on their property shall be required to obtain a building permit prior
to construction. The building permit must be accompanied by a site plan and information
regarding the height and size of pool, the required fencing, and other access controls required for
the swimming pool. The property owner must also submit the name of their insurance company
and phone number in order for the City to verify that the property owner has contacted their
insurance company and met all requirements for the installation of a swimming pool. Iowa One
Call must also be contacted by the property owner to locate all underground utilities.
6-15-4 INSPECTION AND APPROVAL BY CITY. No swimming pools constructed,
installed, relocated or reconstructed shall be filled with water or be put into use prior to
inspection and approval by the city.