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No building, vehicle, structure, receptacle, yard, lot, premises, or part thereof, shall be made, used, kept, maintained, or operated in the city if such use, keeping, maintaining, or operating shall be the occasion of any nuisance, or shall be dangerous to life or detrimental to health.
Every building or structure constructed or maintained in violation of the building provisions of this Code, or which is in an unsanitary condition, or in an unsafe or dangerous condition, or which in any manner endangers the health or safety of any person or persons, is hereby declared to be a public nuisance. Every building or part thereof which is in an unsanitary condition by reason of the basement or cellar being covered with stagnant water, or by reason of the presence of sewer gas, or by reason of any portion of a building being infected with disease or being unfit for human habitation, or which by reason of any other unsanitary condition, is a source of sickness, or which endangers the public health, is hereby declared to be a public nuisance.
Any person found guilty of violating any of the provisions of this section shall be subject to a penalty of not less than $200.00 nor more than $5,000.00, or imprisonment not to exceed 10 days, or both such fine and imprisonment for each offense. Each day such violation shall continue shall constitute a separate and distinct offense.
(Prior code § 99-4; Amend Coun. J. 7-9-86, p. 31580; Amend Coun. J. 8-30-00, p. 40306, § 3; Amend Coun. J. 10-11-17, p. 56894, § 1)
(a) As defined in this section, graffiti that is unregistered is hereby declared to be a public nuisance. The owner of record, or the person in charge, possession or control of any building or structure upon which graffiti is placed or affixed shall, upon the appearance of the graffiti: (i) cause such graffiti to be removed or concealed or (ii) register the graffiti according to rules promulgated by the Commissioner of Cultural Affairs and Special Events. Whenever any unregistered graffiti shall be found on any building or other structure, the Department of Streets and Sanitation, or its agent or contractor shall attempt to obtain consent from the owner for the City’s graffiti removal services. If such attempt to contact the owner is not successful, the Department of Streets and Sanitation shall post a notice in a prominent place upon the building or structure where the unregistered graffiti is found which shall state that, if the unregistered graffiti is not removed or concealed or registered according to the rules within five days after the notice is posted, excluding Saturdays, Sundays and legal holidays, the Department of Streets and Sanitation or its agent or contractor shall have authority to enter or access the property and abate the nuisance by removing or concealing the unregistered graffiti.
(b) Nothing in this section shall prevent the City from taking any other enforcement action authorized by law.
(c) “Graffiti” means an inscription, drawing, mark or design that is etched, painted, sprayed or drawn directly upon the exterior of any building or other structure and is visible from the public way; provided that, graffiti shall not include any sign permitted by the Zoning Code or any decoration that is part of the architectural design of the building or structure.
(Amend Coun. J. 3-11-98, p. 61944; Amend Coun. J. 5-17-00, p. 32562, § 1; Amend Coun. J. 5-11-05, p. 48079, § 2; Amend Coun. J. 10-31-18, p. 87776, § 2)
No yard, lot, premises or enclosure or part thereof, shall be used, kept, maintained, or operated, for the purpose of storing used lumber, metal or other secondhand building material, dismantled motor vehicles or parts thereof, creates, cases, boxes or other discarded material unless the said yard, lot, premises or enclosure is entirely surrounded by a fence eight feet in height, which fence shall be located at least eight feet from all public ways surrounding the property and none of said articles shall be piled nearer than six inches to, nor higher than said fence; provided, however, that if said articles are piled at a greater distance than eight feet from any public way they may be piled to a height equal to the distance from the public way, but in no case to a height exceeding 20 feet. On the property dividing lines of such yard, lot, premises or enclosure said fence may be erected on the property dividing line but none of said articles shall be piled nearer than six inches to said fence nor be piled at an angle of more than 45 degrees from such point, but not to exceed a height of 20 feet. Where an existing fence is erected nearer than eight feet to a public way, such fence may be permitted to remain but none of said articles shall be piled nearer than eight feet to such public way nor contrary to the provisions of this section. The piling of said articles in excess of the height herein permitted shall constitute a nuisance. Any person who violates any provision of this section shall be fined not less than $200.00 and not more than $500.00 for each offense. Every day of a continuing violation shall constitute a separate and distinct offense.
(Prior code § 99-4.1; Amend Coun. J. 12-4-02, p. 99931, § 4.2)
No substance, matter, or thing of any kind whatever, which shall be dangerous or detrimental to health, shall be allowed to exist in connection with any business, or be used therein, or be used in any work or labor performed in the city, and no nuisance shall be permitted to exist in connection with any business or in connection with any such work or labor. Any person who violates this section shall be subject to a fine of not less than $300.00 and not more than $1,000.00 for each offense. Each day that such a violation continues shall be considered a separate and distinct offense.
(Prior code § 99-5; Amend Coun. J. 11-15-00, p. 46866, § 1)
It shall be unlawful to erect any sign on the surface of a privately owned walkway or parking lot made available for public use and access if the placement of such sign obstructs the use of the facility made available for public use and creates a public safety hazard. Any person found to have violated this section shall be fined not less than $100.00 nor more than $500.00.
(Amend Coun. J. 7-2-97, p. 47906; Amend Coun. J. 4-30-14, p. 80382, § 1)
No person shall bring into the city, or keep therein for sale or otherwise, either for food, or for any other purpose, any dead or live animal, nor any matter, substance, or thing which shall be a nuisance or which shall occasion a nuisance in the city, or which may or shall be dangerous or detrimental to health.
(Prior code § 99-6)
No person manufacturing gas shall throw, deposit, or allow to run, or permit to be thrown or deposited, into any public way, any gas-tar or any refuse matter from any gas house, gas reservoir, works, or manufactory; nor shall any such person allow any substance or odor to escape from such gas house, gas reservoir, works, or manufactory, or make any gas of such ingredients or quality that any substance shall escape therefrom, or be formed in the process of burning any gas, which shall be offensive or dangerous, or prejudicial to life or health. Every such person shall use the most approved and all reasonable means for preventing the escape of odors.
(Prior code § 99-8)
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