Cerro Gordo supervisors approve first reading updating nuisance ordinance, but changes could be made before final passage

MASON CITY — The Cerro Gordo County Board of Supervisors on Monday approved the first of three readings of an ordinance updating the county’s nuisance ordinance that has not been updated since 2008, but the county’s Department of Public Health has been asked to make some revisions in the updated document to address some concerns raised by farmers.

The Department of Public Health brought forward the updated ordinance to address how complaints are handled. Some farmers at the meeting raised concerns about the updates, saying things such as dense growth of weeds and vegetation, as well as infestation of vermin would have a big impact on the ag community.

Thornton area farmer Matthew Doane says he has some serious concerns regarding the updated ordinance. “Mainly due to the fact about the legality of it and how it affects farmers. The state of Iowa has a right to farm law. As such, farmers have nuisance immunity, and some of the nuisances that are listed in this, farmers should have immunity to via state law.”

Swaledale area farmer John Caspers says almost every farmer could be in violation of the nuisance ordinance if it was enforced as written.  “I think it’s just overly broad, and I’m serious when I say it potentially puts every single resident, every single property owner in violation of something.”

The Health Department’s Environmental Health & Preparedness Manager Jodi Willemsen says the intent of the ordinance updates are not to directly target farmers.  “I would say the intent of this ordinance too is to focus on closer living proximities like near Mason City or Clear Lake where you have a home that’s being infected by rodents with a neighbor that’s next door, not necessarily out in the farm community, out in the country where you have people directly affected by the animals or what’s listed in the ordinance.”

County Public Health Director Kara Vogelson says her department isn’t out trying to find nuisances and create “gotcha” type situations, they are there to work with people on how to best address complaints.   “That’s how we approach it, and we have people who work in our department who take care of this who use discernment when they are taking these complaints. We’ve never had a case about crops in fields or overgrowth that has to do with farming in the history that I’ve worked at the department.”

The supervisors unanimously approved the first reading of the ordinance. There was an agenda item calling for the second and third readings to be waived, but the supervisors refused to consider that, and asked the Health Department to make some revisions to the ordinance.

Those would have to be approved by the County’s Board of Health prior to being brought back to the supervisors.

The ordinance would cover the unincorporated areas of the county as well as the communities of Swaledale, Rock Falls, Dougherty, Burchinal and Hanford. Mason City, Clear Lake, Plymouth, Meservey, Rockwell, Thornton and Ventura already have nuisance ordinances in place.