For the purpose of this subchapter, the following are declared to be nuisances:
(A) Polluting water. The pollution, or rendering unwholesome or impure, of water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others;
(B) Collection of foul substances. The causing or suffering of any offal, foul, or noisome substance to be collected, or to remain in any place, to the prejudice of others;
(C) Discharge to premises of another. The causing or allowing of any offal, foul, or noisome substance to be discharged, or to penetrate, or drain from, premises occupied by a person into or upon the premises of another;
(D) Emission of gases. The causing or permitting any emission of noxious fumes, gas, smoke, fly ash, or odor to any place where the same shall be offensive, or constitute a danger to the general public;
(E) Refuse storing. The depositing or storing of inflammable junk or refuse, such as old rags, rope, cordage, rubber, bones, and paper on any premises, or at any place outside of an enclosed building of fireproof construction, unless such articles are deposited in a suitable receptacle provided therefor, and said receptacle shall be properly covered and fastened in such a manner that such contents cannot be blown therefrom;
(F) Dead animals. Any animal which shall have died within the town, and the owner or possessor of said animal does not cause the same to be at once removed outside the town limits;
(G) Weeds and vegetation.
(1) Nuisance weeds and vegetation. Dense growth of all weeds, vines, brush, or other vegetation in the town so as to constitute a health, safety, or fire hazard, including all weeds, grass, and uncontrolled, untended, or unmanaged vegetation, exclusive of trees and shrubs, growing to a height in excess of eight inches.
(2) Removal of nuisance weed and vegetation required. All occupants or owners of municipal properties are hereby required to cut, remove, or exterminate all nuisance weeds and vegetation, upon his or her premises, to the center of the street or alley.
(3) Failure to comply.
(a) The town, or its designated official, shall notify property owners to cut, remove, or exterminate nuisance weeds and vegetation whenever the height of said weeds or vegetation exceeds eight inches. Written notice shall be mailed to the property owner at the address on record at the County Treasurer’s office. The notice shall give the property owner at least five days to cut, remove, or exterminate the nuisance weeds.
(b) If the owner or occupant fails to cut, remove, or exterminate the nuisance weeds and vegetation by the date in the notice, or at any time after the specified date that such weeds reach a height of eight inches and remain in that manner for a period of seven days, the town shall remove the same, and the cost thereof shall become a lien upon the property. The Town Clerk shall, each year, prepare a resolution containing a list of all lots and parcels of land in the town from which, and adjacent to which, the town cut, removed, or exterminated the nuisance weeds and vegetation, which list shall contain opposite the number of such lots, or description of such parcels of land the name of the owner or owners, if known, and the amount of the costs as reported to the Town Clerk for exterminating or removing such nuisance weeds or vegetation.
(c) The Town Clerk shall present a resolution to the Town Council with the vouchers in support of each cutting, removal, or extermination, and which the same is passed by the Town Council and approved by the Mayor in the same manner as other resolutions or special assessments, the assessments therein provided shall be a lien upon, and against, the lots of parcels or land.
(d) A copy of the resolution shall be certified to the County Treasurer by the Town Clerk, for collection in the same manner as other taxes.
(4) Fees. A fee set by resolution per lot, shall be charged if the town has to cut, remove, or destroy nuisance weeds or vegetation on private property;
(H) Vehicles. Unused, abandoned, or junk vehicles, or parts thereof, shall be enforced by state code; and
(I) Motorized and non-motorized vehicles, trailers, and equipment. Motorized and non-motorized vehicles, trailers, and equipment will not be parked on the streets for more than 72 hours.
(Prior Code, § 7-2-3) (Ord. 10-12-09-1, passed 10-12-2009; Ord. 12-14-09-1, passed 12-14-2009) (Res. 10-11-10-2, passed - -) Penalty, see § 10.99