CHAPTER 95: NUISANCES
Section
General Provisions
   95.01   Prohibited nuisances
   95.02   Abatement
Abandoned Vehicles
   95.10   Junk, wrecked, abandoned vehicles declared nuisance
   95.11   Written notice to remedy violation
   95.12   Enforcement
   95.13   State law adopted by reference
Smoking in Mass Transit Vehicles
   95.20   Smoking prohibited
   95.21   Violators to be evicted from vehicle
   95.22   No smoking signs
False Alarm Policy
   95.30   Purpose
   95.31   Definitions
   95.32   Policy
   95.33   Procedure
   95.34   False alarm notification letter
 
   95.99   Penalty
Cross-reference:
   Additional Smoking regulations, see Chapter 99
   Weeds, accumulation of rubbish on private lots, see §§ 93.115 through 93.118
GENERAL PROVISIONS
§ 95.01 PROHIBITED NUISANCES.
   In addition to the things deemed by the common law of the state to be nuisances, the following things are hereby declared to be nuisances.
   (A)   All offensive trades which render the enjoyment of property dangerous.
   (B)   Vicious animals known to be running at large.
   (C)   Ponds of stagnant water, dung heaps, and privies that are allowed to become unclean and obnoxious.
   (D)   Hog pens, pig sties, slaughter pens, and slaughter houses.
   (E)   The deposit of slop, water, or other filth from kitchens or cook houses on any street, lot, alley, or sidewalk of the city.
('83 Code, § 96.01)
§ 95.02 ABATEMENT.
   Any person who shall be guilty of causing, creating, suffering, or maintaining any of the things declared in § 95.01 to be nuisances shall be punished as provided in § 10.99, and, in addition thereto, it shall be the duty of the Chief of Police to keep a lookout for all offenses named in this chapter and to abate the same if the owner shall refuse to do so on notice from the Chief of Police. After notice to the owner to abate any nuisance and refusal on his part so to do, the Chief of Police shall abate the same at the expense of the city and the city shall then have the right to recover the costs of abatement from the person whose fault it was that the nuisance was permitted, created, or maintained.
('83 Code, § 96.02)
ABANDONED VEHICLES
§ 95.10 JUNK, WRECKED, ABANDONED VEHICLES DECLARED NUISANCE.
   (A)   It is hereby declared to be a nuisance to permit a junk, wrecked, partially dismantled, or abandoned motor vehicle to be parked or allowed to remain on any private or public property other than city streets within the city for a period longer than 15 days.
   (B)   A motor vehicle is covered by this subchapter if it does not have lawfully affixed thereto an unexpired license plate. A motor vehicle is additionally covered by this subchapter if it is inoperable and remains in an inoperable condition for a period of 15 days, whether or not it has an unexpired license plate. A vehicle of any type shall not at any time undergo major overhaul, including body work, in a Residence Zone, as defined by the zoning ordinance of the city, unless such work is performed inside a structure or similarly enclosed area designed and approved for such purpose and not in violation of the zoning ordinance and/or zoning rules and regulations of the city. Under no circumstances shall more than one vehicle be upon the same property at any one time for the purposes of major overhaul, including body work.
   (C)   No person, corporation, or other legal entity, in control of premises, whether as owner, lessee, tenant, occupant, or otherwise, shall allow any junk, wrecked, partially dismantled, or abandoned motor vehicle to remain on the property longer than 15 days, and no person shall leave any such vehicle on any such property within the city for a period longer than 15 days, except that this division shall not apply with regard to any vehicle in an enclosed building or so located on the premises as not to be readily visible from any public place or from any surrounding private property.
   (D)   This subchapter shall not apply with regard to any vehicle on the premises of a business enterprise operated in a lawful place and manner when the keeping and maintenance of the vehicle is necessary to the operation of the business enterprise; or with regard to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city or any public agency or entity.
('83 Code, §96.10) (Ord. 121-1994, passed 9-15-94) Penalty, see § 95.99
Cross-reference:
   Abandoned vehicles on city streets, see § 72.007
   Towing services, see Ch. 114
§ 95.11 WRITTEN NOTICE TO REMEDY VIOLATION.
   Should it be discovered that any junk, wrecked, partially dismantled, or abandoned motor vehicle has remained on property in violation of § 95.10, the Code Enforcement Officer or any other city official or employee designated by the City Manager shall give written notice to the owner, occupant, or person having control of the property involved to remedy the situation. If, within 15 days after written notice has been directed to the alleged violator, the violation has not been remedied, appropriate action shall be taken by the city official to cite the alleged violator under the provisions of § 95.99. The mere removal of a cited vehicle to another unenclosed location shall not be deemed to be compliance.
('83 Code, § 96.11) (Ord. 121-1994, passed 9-15-94)
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