151 Iowa 130 | Iowa | 1911
The plaintiff alleges that it is a lumber dealer, and as such for a considerable period has maintained a yard or place for carrying on its business on the west half of block 11 in the city of Storm Lake, Iowa, and at the commencement of this suit was erecting a shed upon said premises for the shelter and storage of lumber; that the city has interfered with tlie completion of said structure, and compelled plaintiff’s employees to cease their labor thereon, and is threatening to compel the entire removal of said building. This interference, the plaintiff avers, is unlawful, unreasonable, and without cause or authority, and it demands that the city, its officers, and servants be enjoined therefrom. For answer the defendant city admits the plaintiff’s ownership of the premises, and the maintenance thereon of a lumber yard. It says, however, that the building which plaintiff is proposing to erect is of wood except a thin covering of corrugated iron; that its site is within the fire .limits of the city, and that the erection of such a building within said limits is forbidden by an ordinance enacted August 22, 1885, as well as by ordinance No. 20 of February 6, 1900, and by amendments thereto enacted April 8, 1905, and February 3,
As erected, the shed in question is of wooden frame covered on the sides with sheets of galvanized iron nailed directly to the studding. The posts stand on cement piers; the roof is covered with flooring over which is laid a paper composition. The shed is L-shaped, standing on the corner of the block, with total lineal dimension of two hundred and forty feet. The other half of the block is occupied by business buildings facing in the opposite direction. A twenty foot alley extends through the block north and south. The authority of the city to prescribe fire limits and by proper legislation to enact reasonable restrictions and regulations governing the erection and maintenance of buildings therein is not denied by counsel. Indeed, it is obviously one of the most appropriate subjects for the exercise of the police powers of municipal government. If, then/ that power had been properly exercised by the enactment of ordinances prescribing reasonable regulations to govern the erection of buildings in that part of the city, and the plaintiff was about to build a lumber shed in disregard thereof, the city did not exceed its authority in arresting the progress of the work, and the decree entered below must be affirmed.
I. First in order of time is the ordinance known as No. 41, passed August 22, 1885. It prescribes fire limits which include block fourteen, on which the shed in con
Be it ordained by the council of the city of Storm Lake, Iowa:
That section one (1) of Ordinance Number Twenty (20) of the city of Storm Lake, Iowa, passed February 6th, 1900, and published in pamphlet form May 7th, 1900, and recorded on pages 41 and 42 of the ordinance record of the city of Storm Lake, Iowa, and which reads as follows :
‘Section 1. That no building nor any addition to any building shall be moved into or erected except with the outer walls and roof composed of iron, stone, brick and mortar or other noncoinbustible material in the part*136 of said incorporated town described as follows: All of blocks numbered 14, 15, 22 and 23, except tbe Past half of block 15 of said town, in the county of Buena Vista and state of Iowa, and described on the recorded plat of said town. Nor shall any building 'now erected and standing in the above described limits be removed to or established in any other part of said limits unless its outer walls and roof are composed of iron, stone, brick and mortar or other noncombustible material' as above specified. And such walls if of iron shall be self-supporting, and if of stone or brick and mortar not less than eight inches in thickness, and all roofs of any such buildings so erected or removed as aforesaid in said limits shall be composed of slate, iron, stone or some noncombustible material,’— be and the same is hereby repealed, and the following is hereby enacted in its stead and to take the place of said section one in said ordinance:
Section 1. That it shall be unlawful for any person or persons, copartnership, company or corporation to build, erect, place or move within the following described limits, to wit: All of blocks fourteen (14), fifteen (15), twenty-two (22) and twenty-three (23), in the city of Storm Lake, Iowa, accprding to the recorded plat thereof, any building, part of a building or any addition to any building now or hereafter located thereon except with the outer walls and roof composed of iron, stone, brick and mortar, or other noncombustible material; neither shall any frame building be removed from any other part of the city into said limits, nor from one part of the said limits to any other part of the same, nor shall any building within said limits that has been destroyed by fire in part or otherwise be repaired so as to increase its size in any manner, and no building be erected or moved within said limits having a wood cornice in whole or in part, and it shall he the duty of the council to by resolution order injunction proceedings commenced in the name of the city against any. person or persons, firm, copartnership, company or corporation who seeks to erect or establish any such building or addition thereto or who hereafter may erect or establish any such building or addition thereto in violation of this ordinance.
If this ordinance were to be considered as a mere
We are met here, however, by the further objection that granting the authority to the Legislature upon the subject this latter ordinance enlarges upon the statute and goes beyond the power so conferred in that, instead of a simple requirement for fireproof roofs, it assumes to require roofs to be made of specifically named materials,
The ordinance is not one which as counsel say seeks to “tear down and destroy.” The appellant’s lumber yard at this place antedates all the ordinances in question, and the city is asserting no right to interfere therein. It did have the right to say to the appellant by its ordinance that no further building or structure should be erected at that place except in conformity with the specified regulations, and it was equally within its authority to provide appropriate measures to enforce them. In such matters public rights and public safety are of first consideration, and individual rights must be exercised in subordination thereto.
The decree of the district court was right, and it is affirmed.