§ 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)

NUISANCES AFFECTING PUBLIC SAFETY

§ 90.15 PROHIBITED HAZARDS.

   (A)   No person shall allow, cause, create, permit, or suffer a nuisance affecting public safety on private or public property.

   (B)   The following are not exclusive but illustrative of nuisances affecting public safety and may be abated as provided in this subchapter:

      (1)   Woodpiles, wood, lumber, rocks, bricks, blocks, or metal within the streets or alleys or upon the sidewalks or planting strips for a period of time longer than 24 hours after placement of such material without first obtaining a permit from the City;

      (2)   A container with a compartment of more than one cubic foot capacity with a door or lid that locks or fastens automatically when closed that cannot be easily opened from the inside, maintained or left in a place accessible to children;

      (3)   A well, cistern, cesspool, excavation, or other hole of a depth of four feet or more and a top width of 12 inches or more uncovered, not fenced, or without a suitable protective construction or otherwise creating an attractive nuisance which might present harm to children;

      (4)   Unguarded machinery, equipment, or other devices appealing, dangerous, and accessible to children unless protected by a fence, structure, or other protective device(s) or otherwise creating an attractive nuisance which might present harm to children;

      (5)   Lumber, logs, or other materials piled or placed or stored in a manner to be appealing, dangerous, and accessible to children;

      (6)   Excavations remaining open and unattended without erecting proper safeguards or barriers;

      (7)   (a)   Buildings or structures that are damaged decrepit or lack structural integrity or pose a safety or health hazard because of damaged or inadequate wiring or non-operational or inadequate water or wastewater facilities and are certified as hazardous structures by the City’s Building Inspector.

         (b)   Any structure which requires a building permit under state law shall be presumed to be hazardous if it was built without required permit.

      (8)   Any residential structure without a street number that is displayed in a position that is easily observable and read from the public right-of-way; and

      (9)   (a)   Any structure or improvement to land constructed without a building permit but for which a building permit was required under the laws of the state, City ordinances, and codes when the non-permitted structure was constructed (a “non-permitted structure”) is a nuisance affecting public safety. This rule applies to all non-permitted structures regardless of when it was constructed.

         (b)   The nuisance caused by a non-permitted structure may be abated by the owner of the premises obtaining and by paying for the appropriate permits and inspections, provided the nuisance will not be abated until the structure is in compliance with all current laws of the state, City ordinances, and codes. This remedy is not exclusive of other remedies allowed by City ordinance for the abatement of nuisances.

(Ord. 652, passed 4-4-2018)