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The maintaining or permitting to be or remain on any public or private property of any of the following conditions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(A) Weeds and noxious vegetation when such growth reaches 12 inches in height;
(B) Placement, storage or accumulation of garbage, rubbish, trash, refuse, junk and other materials, metals, plumbing fixtures, appliances, auto parts, junked, wrecked or inoperative vehicles, lumber or other litter and furniture, stuffed furniture, clothing or other household items which creates an unsightly appearance. This section applies without limitation to all areas of land within the corporate city limits zoned for residential purposes and whether or not the building, land or property is occupied by human beings;
(C) Any condition which provides harborage for rats, mice and other vermin;
(D) All disagreeable or noxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches, to include, but not be limited to, unwholesome grain, meat, hides, skins, feathers, vegetable matter or the whole or any part of any dead animal, fowl or fish;
(E) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;
(F) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, industrial wastes or other substances which are injurious to overland flow or groundwater;
(G) Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of any agency or officer of the city, continues to be conducted or continues to exist in violation of any title of this code, any regulation enacted pursuant to this code, any statute of the state or any violation of federal law;
(H) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;
(I) Any vacant or unoccupied structure, which is not secured or is in a condition which allows access by any person;
(J) Attractive nuisances, which include:
(1) Unguarded machinery, equipment or other devices which are attractive, dangerous and accessible to children;
(2) Lumber, logs or pilings placed or stored in a manner so as to be attractive, dangerous and accessible to children;
(3) Open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children;
(4) Construction projects will have appropriate safeguards in place to prevent injury or death to playing children; and
(5) It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter or the growth of grass or weeds in excess of 12 inches before, during or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage.
(K) Dangerous excavations, which are not guarded by suitable barriers and which are not marked during the hours of darkness;
(L) Graffiti, which shall mean any unauthorized writing, inscription, word, figure or design which is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material used in its application or upon which it is applied; and
(M) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowl of any kind are confined or on which are stored tankage or any other animal or vegetable matter or on which any animal or vegetable matter, including grain, is being processed, when the places in which animals are confined, or said premises on which the vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the city, or are maintained and kept in such a manner as to be injurious to the public health.
(N) The practice of scrapping by the continuous receiving, storing, reprocessing and/ or collecting of old, broken, damaged, discarded or scrap copper, brass, dismantled or wrecked automobiles, or parts thereof, iron, steel or other old scrap, ferrous or nonferrous material and metal scraps, including aluminum scraps, metals, used bicycles or household appliances in any Residential Zoning District is unsightly, unhealthy and constitutes a nuisance to the citizens and residents of the city.
(Prior Code, § 92.03) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022; Ord. 23-04, passed 6-19-2023)
In addition to the acts and conditions specifically enumerated in this subchapter, any condition, thing, substance or activity which is detrimental to, injurious to or constitutes a danger to the public health, safety or welfare is declared to be a nuisance and is subject to the abatement procedures set forth in this subchapter. A condition, thing, substance or activity declared to be a nuisance by another ordinance of this city is subject to the abatement procedures of this subchapter, if no abatement procedures are provided by such ordinance.
(Prior Code, § 92.04) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
No person, firm, corporation, partnership or other business entity shall knowingly or unknowingly maintain or permit a nuisance to exist.
(Prior Code, § 92.05) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
The Chief of Police, a sworn police officer, the Chief Building and Code Inspector or a Code Enforcement Official shall have the authority and power to enforce all provisions of this chapter; and, it shall be his, her or their duty to inspect and examine at any and all times all buildings, lots, parcels or pieces of real property within the city for the purposes of determining the conditions which may affect the public health, safety and welfare as a nuisance.
(Prior Code, § 92.06) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) Contents. The violation notice shall contain:
(1) An order to abate the nuisance within ten calendar days of the date of delivery, or attempted delivery, of the violation notice or request a hearing within ten calendar days of the date of the violation notice. A list of persons to contact shall be included;
(2) The location of the nuisance, if such nuisance is stationary;
(3) A description of what constitutes the nuisance;
(4) A statement of acts necessary to abate the nuisance;
(5) A statement that if the nuisance is not abated as directed and no request for hearing is made within ten calendar days of the date of the violation notice, the person to whom such notice was made shall be deemed guilty of a misdemeanor and every 24 hours thereafter will be considered a separate offense;
(6) A statement that if the nuisance is not abated as directed and no request for hearing is made within ten calendar days of the date of the violation notice, the city shall seek the remedy of an administrative penalty of $50 per day;
(7) A statement that the administrative penalty will continue to accrue for each day the nuisance continues to exist for a period not to exceed ten calendar days;
(8) A statement that the owner, occupant or agent may stop the accrual of the administrative penalty by abating the nuisance and advising the Chief Building and Code Inspector, or his or her designated representative, of the abatement. A list of persons to contact shall be included;
(9) A statement that if the nuisance is not abated following the administrative penalty period, the city will seek the remedy of prosecution and enforcement for failure to comply with the administrative order and for maintaining a nuisance under this subchapter and will abate such nuisance and assess the cost thereof against the property and pursue any other remedies available. The fee will be as set by resolution;
(10) Service on nonresidents or absentee owners shall be made by posting a copy of the notice of abatement letter on the property involved and publishing a legal notice in the local newspaper no longer than ten days nor less than one day prior to the proposed date of abatement; and
(11) Absentee landowners, to include firms, corporations or businesses, are required to designate to the Chief Building and Code Inspector, or his or her designated representative(s), a curator to facilitate enforcement of nuisance violations.
(B) Service. The violation notice may be served personally on the owner, occupant or agent of the real property or may be served by certified mail upon the owner, occupant or the owner or occupant’s designee. If notice by personal service or certified mail is unsuccessful, notice shall be given by either publication in a newspaper of general circulation in the city or by posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Further, when the nuisance violation relates to improvements such as buildings or structures, the notice shall also be posted on the building or structure. When service is accomplished by posting, the Chief Building and Code Inspector may complete said service himself or herself or may have a city police officer do so.
(Prior Code, § 92.07) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
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