CHAPTER 95: NUISANCES
Section
Nuisances Generally
   95.001   Definitions
   95.002   Nuisances prohibited; declarations
   95.003   Abatement notices
   95.004   Enforcement
   95.005   Costs and liens
   95.006   Release and enforcement of lien
Noise
   95.020   Certain noises prohibited
   95.021   Mufflers on motor vehicles required; cutouts prohibited
   95.022   Whistling of locomotive engines
   95.023   Sirens or gongs on vehicles restricted
Weeds
   95.035   Definitions
   95.036   Weeds and tall grass declared a nuisance
   95.037   Improperly maintained landscaping declared a nuisance
   95.038   Height of weeds
   95.039   City to cut upon refusal of owner
   95.040   Lien
   95.041   Release and enforcement of lien
Other Nuisances
   95.055   Common barberry
   95.056   Barbed wire fences prohibited; removal
   95.057   Ponds on private property a nuisance
   95.058   Depositing foul or noxious substances
   95.059   Excessive light
Chronic Nuisance Properties
   95.070   Title
   95.071   Purpose
   95.072   Definitions
   95.073   Applicability
   95.074   Nuisance conditions
   95.075   Chronic nuisance property
   95.076   Outcome of chronic nuisance determination; nuisance property registration
   95.077   Inspection; reinspection
   95.078   Annual performance evaluation
   95.079   Fees established
   95.080   Alternative chronic nuisance property procedure
   95.081   Chronic nuisance property procedure for addressing nuisance property
   95.082   Chronic nuisance property abatement; administrative adjudication hearing
   95.083   Chronic nuisance property alternative enforcement
Public Camping
   95.090   Public camping as a nuisance
   95.091   Regulation of public camping necessary to promote public health
   95.092   Public camping not intended use of public property
   95.093   Definitions
   95.094   Public camping prohibited
   95.095   Exceptions to prohibition
   95.096   Removal of campsite
   95.097   Disposition and release of personal property
   95.098   Penalty; mitigation
NUISANCES GENERALLY
§ 95.001 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHRONIC NUISANCE PROPERTY. Property upon which three or more events of nuisance activities have occurred within a one-month period.
   CONTROL. The ability or authority to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
   INOPERABLE MOTOR VEHICLE. Any motor vehicle which for a period of seven days cannot be driven upon public streets for any reason including, but not limited to, being unlicensed, in a state of disrepair or dismantled or from which the engine, wheels or other parts have been removed, altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power, excluding the following: a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations; a motor vehicle that is kept within a building when not in use; operable historic vehicles over 25 years of age; and a motor vehicle on the premises of a place of authorized business engaged in the repair, wrecking or junking of motor vehicles.
   NOXIOUS WEEDS. Canada thistles, and all of its varieties, perennial sow thistles, European bindweed, leafy spurge, Russian knapweed, Johnson grass, giant foxtail, hoary cress and ragweed.
   NUISANCE or NUISANCE ACTIVITY. The doing of an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist as defined or prohibited herein, which act, omission, condition or thing either: injures or threatens the health, morals, safety, comfort, convenience, or welfare of members of the community; offends decency; is offensive to the senses; unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; in any way renders other persons insecure in life or the use of property; interferes with the comfortable enjoyment of life and property; or tends to depreciate the value of the property of others.
   NUISANCE PROPERTY. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinary fire hazard in the vicinity where it is located.
   OWNER. Any person, partnership, land trust or corporation having any legal or equitable interest in or control of property. OWNER includes, but is not limited to:
      (1)   A mortgagee in possession in who is vested with all or part of the legal title to the property or, all or part of the beneficial ownership and the rights to the present use and enjoyment of the premises;
      (2)   An occupant who can control what occurs on the property;
      (3)   Any person acting as an agent of an owner; and
      (4)   Taxpayer of record as shown on the county tax rolls.
   PERMIT. To suffer, allow, consent to and acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
   PERSON. Any natural person, association, partnership, corporation, trusts or other entity capable of owning, occupying or using property in the city.
   PERSON IN CHARGE. Any person in actual or constructive possession of a property, including but not limited to, an owner, occupant of property under his or her ownership or control.
   PROPERTY. Any real property, including land and that which is affixed, incidental or pertinent to land, including but not limited to, any premises, room, house, building or structure, or any separate part or portion thereof, whether permitted or not.
   PUBLIC WAY. All streets, alleys, sidewalks, boulevards, public parking lots and other public rights-of-way.
(Ord. 1988, passed 9 27 1965; Ord. 2017-005, passed 2-27-2017)
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