148.01 DEFINITIONS. Outdoor Woodburner/Boilers (OWBs) are wood-fired water heaters that are located outdoors or are separated from the space being heated. OWBs are typically constructed of a large metal firebox (15 to 30 cubic feet) surrounded by a water jacket and housed within a small shed-like structure with a smokestack.
Exclusions: This ordinance is not meant to deter the use of legally operated fire pits for recreational use (see Section 105.05 City Code), barbeques, fryers, or grills.
148.02 REQUIREMENTS. An OWB may be installed and used in the City of Cresco only in accordance with the following provisions:
Only neatly stacked clean seasoned firewood can be used in an OWB. It is unlawful to use lighter fluid, gasoline, diesel fuel, or other petroleum products to start the fire.
An OWB shall not be used to burn any of the following materials: rubbish or garbage, including food waste, food wrappers, packaging, animal carcasses, paint or painted materials, furniture, shingles, construction or demolition debris or other household or business waste; oil or oil waste; asphalt or products containing asphalt; treated or painted wood including but not limited to plywood, composite wood products, or other wood products that are painted, varnished, or treated with preservatives; any plastic material including but not limited to nylon, PVC, foam, synthetic fabric, plastic film or plastic containers; rubber, including tires or any synthetic rubber like products; newspaper, corrugated cardboard, container board, office paper, or other paper products; leaves, brush, or other vegetative debris.
The OWB shall be located at least 200' (two hundred feet) from the nearest building which is not on the same property as the OWB. Existing installations before November 1, 2015 shall be grandfathered in regards to the 200 foot rule.
The OWB shall have a chimney that extends at least 18' (eighteen feet) above the ground surface.
148.03 PERMITS. The owner of the OWB shall obtain an annual permit from the public works director. The permit shall be obtained by October 1st of each calendar year. A late fee of $50.00 shall be applied to the permit if not obtained by October 1st.
148.04 VIOLATIONS. By signing the permit, the user of an OWB is agreeing to the regulations listed in Chapter 148 of the City of Cresco Code of Ordinances. If the user of an OWB is not found to be in compliance, the user may be cited with a civil citation and fined up to $750.00 for each incident.
(Ch. 148 – Ord. 457 – Nov. 15 Supp.)
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CHAPTER 150
BUILDING NUMBERING
150.01 Definitions
150.03 Building Numbering Plan
150.02 Owner Requirements
150.01 DEFINITIONS. For use in this chapter, the following terms are defined:
“Owner” means the owner of the principal building.
“Principal building” means the main building on any lot or subdivision thereof.
150.02 OWNER REQUIREMENTS. Every owner shall comply with the following numbering requirements:
Obtain Building Number. The owner shall obtain the assigned number to the principal building from the Clerk.
(Code of Iowa, Sec. 364.12[3d])
Display Building Number. The owner shall place or cause to be installed and maintained on the principal building the assigned number in a conspicuous place to the street in figures not less than 3½ inches in height and of a contrasting color with their background.
(Code of Iowa, Sec. 364.12[3d])
Failure to Comply. If an owner refuses to number a building as herein provided, or fails to do so for a period of thirty (30) days after being notified in writing by the City to do so, the City may proceed to place the assigned number on the principal building and assess the costs against the property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[3h])
150.03 BUILDING NUMBERING PLAN. Building numbers shall be assigned in accordance with the building numbering plan on file in the office of the Clerk.
CHAPTER 151
TREES
151.01 Definition
151.05 Removal of Boulevard Trees
151.02 Permits for Planting Trees in Boulevards
151.06 Removal of Trees on Private Property
151.03 Tree Trimming
151.07 Abuse or Mutilation of Trees
151.04 Regulations for Planting Trees in Boulevards
151.08 Disease Control
151.01 DEFINITIONS. For use in this chapter, the following terms are defined:
“Boulevard” means the area given between the proposed or existing sidewalk and curb on a public street.
“Director of Public Works” means the Director of Public Works of the City or a duly appointed representative.
151.02 PERMITS FOR PLANTING TREES IN BOULEVARDS. A permit must be secured at the office of the Director of Public Works before planting any tree in any boulevard within the corporate limits of the City. Trees are to be purchased and planted by the property owner of the land abutting the boulevard, or by a person retained by the property owner. Varieties of trees approved are those trees of the hard wood variety, having good appearance, adaptability to the climate, being long lived and generally free from injurious insects and diseases. Following are listed the approved varieties:
Crabapple
Japanese Lilac
Serviceberry
Oak (Red, White)
Hackberry
Linden
Elm (Disease Resistant)
Cork
(Ord. 452 – Jul. 14 Supp.)
151.03 TREE TRIMMING. All property owners shall trim boulevard trees to a ground clearance of eight (8) feet. The City or City’s agent will perform trimming of boulevard trees as deemed necessary. Public utilities may do such trimming as necessary to protect their utilities.
151.04 REGULATIONS FOR PLANTING TREES IN BOULEVARDS.
Trees must be of an approved variety and of nursery stock with a straight trunk.
No trees shall be placed so as to cause a traffic hazard, in the opinion of the Director of Public Works.
Trees shall be planted at least twenty-five (25) feet apart.
Trees shall not be planted closer than 25 feet from future or existing curb returns at intersections.
Trees shall be planted at least five (5) feet from driveways, visible or identifiable underground utility or light poles.
Except where a special permit is obtained from the Director of Public Works, no tree shall be planted on any boulevard where the distance between the nearest edge of the sidewalk and curb is less than four (4) feet.
All trees shall be planted equidistant from the nearest edge of the proposed or existing sidewalk and curb, except when the Director of Public Works directs otherwise.
The Director of Public Works may assist in staking out the location of the tree planting.
Trees shall be planted at least ten (10) feet from fire hydrants.
151.05 REMOVAL OF BOULEVARD TREES.
The City will remove trees that are determined by the Director of Public Works to be diseased, dangerous or a public nuisance.
Ordinary removal by the City will leave the stump in the ground, cut off at about boulevard level, then ground to below the surface of the boulevard.
Removal of any boulevard tree is to be approved by the Director of Public Works before starting removal.
Upon approval to remove a nuisance tree from the boulevard, the property owner may hire a licensed tree surgeon to remove this tree if the property owner takes full responsibility for the hauling, chipping, stump removal, replacement of the tree, and replacement of the lawn. Any income from the sale of the tree would then go to the property owner instead of the City.
(Ord. 452 – Jul. 14 Supp.)
151.06 REMOVAL OF TREES ON PRIVATE PROPERTY.
A property owner may remove a tree that is on personal property as long as the property owner does the actual work. Otherwise, the property owner must hire a licensed tree surgeon to remove the tree. (Ord. 452 – Jul. 14 Supp.)
151.07 ABUSE OR MUTILATION OF TREES. No person shall willfully damage, injure, mar, deface or destroy any tree on any boulevard in the City. (Ord. 452 – Jul. 14 Supp.)
151.08 DISEASE CONTROL. Any dead, diseased, or damaged tree or shrub that may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance. (Ord. 452 – Jul. 14 Supp.)
