Council approves changes to grass height, dumping of snow

Proposed changes to the City Code of Ordinances involving grass length, dumping of snow in public streets, private tree nuisances and an updated definition of obstruction of view at intersections have been adopted by the Newton City Council.

Council approved the third and final consideration of the ordinance amendment during its meeting Monday night at Newton City Hall, therefore allowing the revisions to be implemented and enforced by the city’s community services department.

The approved revisions affect four key areas:

Mowing & grass length

Allowable grass height in developed residential-, commercial- and industrial-zoned areas has decreased from 8 inches to 6 inches. Grass height in undeveloped residential areas, however, will be set at 8 inches.

According to city council documents, these revisions “allow for grass to be cut while still manageable, instead of allowing it to grow too tall and not get cut soon enough.” Cities with similar 6-inch grass height maximums include Altoona, Prairie City, Polk City, Charles City, Windsor Heights, Iowa Falls, Indianola, West Branch and Independence, the Newton Daily News previously reported in December.

In addition to the altered grass lengths, the Newton City Council approved lowering the recheck period after a tall grass nuisance violation is issued to a resident from seven days to four days, allowing a shorter window of time for citizens to address the infraction.

Dumping of snow

Citizens will no longer be given the exception to remove snow from commercial drives in the business district to place or pile in city streets for a brief period.

City documents cite the practice affected recently placed de-icing material in public streets, created “potentially dangerous snow piles” in the traveled areas of the streets and caused additional clean-up for city plows if done too late.

The Newton Daily News previously reported, if done in a timely manner to meet city snow removal operations, snow accumulated on sidewalks in the central business district may be deposited in the street, adjacent to the curb.

However, it is still unlawful for residents to shovel snow collected from private property, sidewalks or driveways in areas that could impede traffic, obstruct gutters or create a hazardous condition. Property owners shall be held accountable and liable for such actions.

Private trees

Apart from a few exceptions, Newton’s nuisance code enforcers will no longer address privately owned trees, citing most complaints received by city officials are civil disputes or cases where a tree does not directly affect or impede upon public property or nearby traffic.

Oftentimes the city is called upon to settle the civil dispute between the two parties. The city is put in a difficult position and is concerned of the liability the city assumes when determining between a healthy and an unhealthy tree, especially since no certified arborist is on-staff.

Privately owned trees with low hanging limbs over public sidewalks and streets will still be subject to violation notices from nuisance code enforcers; likewise, trees rooted on private property and are “affected by a fatal disease, fungus or infestation are still subject to removal should council pass a resolution directing removal of said trees.”

Extreme or unique cases of private tree nuisances still allow “the city’s code enforcement inspector to issue a violation notice to a property owner” should an obvious nuisance arise that would affect public safety and general welfare.

Obstruction of view

The city altered its definition of what would be considered an obstruction of view at intersections.

Following the council’s approval of the nuisance code revisions, the city has added shrubs, ornamental grass and vegetation to the definition of obstructions in the City Code of Ordinances.

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com