No owner, person, or person in control of premises shall do any act, omission, or create a condition or occurrence which causes a general nuisance. Any act of any such owner, person, or person in control of premises whereby the surrounding area may be adversely affected, either directly or indirectly, or a potentially hazardous situation is created by the condition of the water, air, trees, or the congregation of birds is hereby declared to be a nuisance and unlawful and may be abated and enjoined. In addition to the standard procedure for abatement of nuisances, the city manager has the authority to take immediate action to abate and enjoin a general nuisance when such action is in the best interest of the city. The following are hereby declared to be general nuisances:
A. Discharging Unwholesome Substance: The discharge onto the ground or into any spring, ditch, stream, pond, lake, or well any substance which will corrupt or render unwholesome the water therein;
B. Stagnant And Offensive Water: Water which is stagnant, foul and offensive, and detrimental to the health and comfort of persons residing in the neighborhood; provided, however, that in deciding whether or not to abate stagnant water, consideration is given to the value of natural and manmade wetlands to the overall well being of the community;
C. Offensive Smells: Air which has an offensive or foul smell;
D. Trees Or Limbs Likely To Fall: Trees or limbs which are likely to fall or which constitute a hazard to the safety of persons upon the property and/or residing in the neighborhood;
E. Congregation Of Birds: The congregation of large numbers of starlings or wild pigeons, the same being a congregation of at least ten (10) or more such birds within an area of one thousand (1,000) square feet or less which constitutes potential harm to the health and welfare of the public. (Ord. 97-132)