(A) The following listed acts and conditions are declared to be and to constitute a public nuisance and a violation of this section if the same is found to exist on public or private property within the town:
(1) Open or uncovered cisterns, cellars, wells, pits, excavations, sewers, or vaults situated in any part of the town;
(2) Any building or part thereof which, by reason of its unsanitary condition or its being infected with disease, is unfit for human habitation or which, from any other cause, is a source of sickness among the inhabitants of the town or which otherwise endangers the public health;
(3) Any unsafe or unhealthy storage or handling of substances which may contaminate or pollute ground water;
(4) The burning of any animal or human waste in such a manner as to interfere with other property owners’ reasonable use of their property;
(5) A condition which arises by a dog, cat, or other animal destroying, defacing, or damaging shrubbery, lawns, or flowers or which results in the general discomfort of citizens in the neighborhood where the dog, cat, or other animal is harbored;
(6) A condition which arises from the accumulation of animal excrete on the property of the owner, public, or any other citizen as to cause an obnoxious odor, create a situation which could draw or breed insects, attract vermin, or cause a public health nuisance;
(7) The owner of every animal shall be responsible for the prompt removal of any excrete deposited by his or her animal on public areas and on his or her own property and shall not permit defecation on private property other than his or her own;
(8) All accumulations of junk, litter, rubbish, tin cans, or trash of any kind shall constitute a public nuisance and shall be unlawful as such;
(9) Any machinery not connected with the operation of a household or business, or any equipment, including, but not limited to, refrigerators or freezers, outside or in any building or structure to which the public has access, shall constitute a public nuisance and shall be unlawful as such;
(10) To cause, suffer, or permit the growth of grass above ten inches high on all lots that are both undeveloped and nonresidential or above six inches high on all other lots, weeds; or noxious, poisonous, or offensive vegetation; or the deposit or accumulation of weeds, or noxious, poisonous, or offensive vegetation, matter, or substance; or the existence of stagnant water, in or upon any portion of the lots, parcels of ground, or tracts of land; and/or
(11) It shall be unlawful for any person to throw or deposit any poisonous substance in any of the streets, alleys, parks, commons, yards, or other places, whether public or private, within the town, so that the same shall be liable to be consumed by any animal; provided, that it shall not be unlawful for a person to expose on his or her own property common rat poison mixed only with vegetable substance.
(B) No permit, special exemption, variance, or approval shall be given to any applicant by the Council if, at the time of the application, the applicant owes money to the town. Upon payment of the funds and compliance with the ordinances, the applicant’s request will be considered like any other request.
(C) (1) Whenever any nuisance shall be found to exist which is referred to in division (A) above, the Clerk-Treasurer is authorized to serve notice in writing upon the owner, occupant, agent, or person in possession or control of any structure, lot, thing, building, or premises in or upon which any such nuisance may be found, or upon the person owning or causing any such nuisance requiring abatement of such nuisance. Said notice may be made by certified mail or by posting on the property.
(2) Said notice shall provide the person owning or causing any such nuisance ten days from receipt or the posting of said notice to abate such nuisance.
(3) In the event of refusal or neglect on the part of the notified offender to obey such order within the time limit named in the order, the Clerk-Treasurer shall have the power and authority to cause to be removed and abate the unlawful conditions thereof which shall be paid from the Treasury upon sworn vouchers or such person, and the cost and expenses shall be a lien on the property to be placed on the expense of the owner or occupant. If the person fails to pay the charge for such expense, the Clerk-Treasurer may, after the charges have gone unpaid for a period of six months, certify the amount due of such charge from each person to the Auditor, and the amount of such charge shall be placed upon the duplicate by the Auditor and collected as taxes are collected.
(Ord. 387, passed 4-9-2001; Ord. 2004-428, passed 5-10-2004; Ord. 2018-570, passed 8-13-2018) Penalty, see § 90.99