CHAPTER 90: NUISANCES
Section
General Provisions
   90.01   Definitions
   90.02   Nuisances affecting public health
Nuisances Affecting Public Safety
   90.15   Prohibited hazards
   90.16   Snow and ice removal
   90.17   Unauthorized dumping
   90.18   Sifting or leaking loads
   90.19   Fences
   90.20   Surface waters; drainage
   90.21   Grass, shrubbery, weeds, and noxious growth
Nuisances Affecting the Public Peace and Welfare
   90.35   Unnecessary noise
   90.36   Radio and television interference
   90.37   Notices, advertisements, and unauthorized markings
   90.38   Junk
   90.39   Abandoned or derelict vehicles
   90.40   Excessive vehicle parking
   90.41   Unenumerated nuisances
Enforcement
   90.55   Cumulative remedies
   90.56   Civil infraction assessment
   90.57   Abatement
   90.58   Joint responsibility
   90.59   Abatement by City
   90.60   Assessment of costs
   90.61   Notice
   90.62   Separate violations
GENERAL PROVISIONS
§ 90.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PERSON. A natural person, firm, partnership, association, or corporation.
   PERSON IN CHARGE OF PROPERTY. An agent, occupant, lessee, contract purchaser, or other person having possession or control of property or the supervision of any construction project.
   PERSON RESPONSIBLE. The person responsible for abating a nuisance shall include any or all of the following:
      (1)   The owner of the property upon which the nuisance exists;
      (2)   The person in charge of property, as defined above; and
      (3)   The person who caused to come into or continues in existence a nuisance as defined in this chapter or another ordinance of this City.
   PUBLIC PLACE. A building, way, place, or accommodation, whether publicly or privately owned, open and available to the general public.
(Ord. 652, passed 4-4-2018)
§ 90.02 NUISANCES AFFECTING PUBLIC HEALTH.
   (A)   No person shall cause or permit a nuisance affecting public health on property owned or controlled by the person.
   (B)   The following are hereby declared to be nuisances affecting the public health and may be abated in the manner prescribed by §§ 90.41 to 90.58:
      (1)   Privies. Any open vault or privy maintained within the City, except those privies used in connection with construction projects and constructed in accordance with the state health regulations;
      (2)   Debris or accumulation of solid waste on private property. All animal carcasses and accumulations of debris; rubbish, manure, and other refuse located on privately owned real property or sidewalks abutting thereon, and which has not been removed within 48 hours and which may affect the health of the City. All solid waste shall be removed from private property weekly or at other reasonable intervals so as to prevent spillage, the escape of odors, and conditions that would attract pests. Solid waste containers shall be equipped with covers sufficient to keep out water and to prevent disturbance by animals or the entrance of pests;
      (3)   Stagnant water. Any pool of water that affords a breeding place for mosquitoes and other similar insect pests;
      (4)   Water pollution. The pollution of any body of water, stream, well, drainage ditch, storm drain, or river by sewage, industrial wastes, or other substances placed in or near such water in a manner that will cause harmful material to pollute the water;
      (5)   Food. Decayed or unwholesome food or food products which is offered for human consumption;
      (6)   Odor. Any premises which are in such state or condition as to cause a noisome or offensive odor or which are in an unsanitary condition;
      (7)   Putrescible wastes. Putrescible wastes not removed at least every seven days;
      (8)   Disease. Animals or birds afflicted with communicable diseases;
      (9)   Sewer system. Mastics, oil, grease, petroleum, solvents, or industrial cleaning products allowed to be introduced into the sewer system;
      (10)   Drainage. Drainage of liquid wastes from private premises;
      (11)   Unsanitary pets. Animals or birds maintained, kept, or housed in such a number or manner as to create offensive odor, noise, or unsanitary condition;
      (12)   Pests. Premises infested or habituated by animals or insects detrimental to human concerns, including, but not limited to, cockroaches, rodents, rats, or vermin; and
      (13)   Burning. Open burning of the following materials: wet garbage; plastic; asbestos; wire insulation; automobile parts; asphalt; petroleum treated materials; painted wood and wood treated with creosote or pentachlorophenol; rubber products including tires; animal remains; animal or vegetable matter resulting from the handling, preparation, cooking, or service of food; or any other material that emits dense smoke or noxious odors.
(Ord. 652, passed 4-4-2018)
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