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(A) The term UNSAFE BUILDING, as used in this section, is hereby defined to mean and include any building, shed, fence or other human-made structure which, after inspection by the Chief Building and Code Inspector or City Engineer, meets the following conditions:
(1) Is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;
(2) Because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire and constitutes or creates a fire hazard; or
(3) By reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of the structure. Any such unsafe building in the city, as determined by the Chief Building and Code Inspector or City Engineer, is hereby declared to be a nuisance.
(B) It shall be unlawful to maintain or permit the existence of any unsafe building in the city and it shall be unlawful for the owner, occupant, tenant, lessee, agent or person in custody of the building to permit the same to remain in an unsafe condition or to occupy the building or permit it to be occupied, while it is in an unsafe condition.
(C) In case the owner of any building or structure shall fail, neglect or refuse to comply with the notice given by the Chief Building and Code Inspector, or his or her designated representative to repair, rehabilitate or demolish and remove a building or structure which is unsafe and a public nuisance, the Chief Building and Code Inspector, or his or her designated representative shall follow the abatement process as described in § 92.09 of this code.
(Prior Code, § 92.26) (Ord. 93-11, passed 4-5-1993; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) It shall be unlawful for any person to erect, use, keep or maintain any slaughterhouse, slaughter yard or other place for the killing of animals within the corporate limits in such manner as to render it offensive or injurious to the health or property of any individual.
(B) (1) Any person erecting, using, keeping or maintaining the slaughterhouse, yard or other place of killing of animals or who neglects or refuses to abate the nuisance thereof within a 24-hour period after being notified to do so by the Chief Building and Code Inspector, or his or her designated representative, shall be deemed guilty of maintaining a nuisance.
(2) Each 24-hour period the person continues to maintain the nuisance after being notified by the Chief Building and Code Inspector, or his or her designated representative, to abate the nuisance shall be and constitute an additional offense.
(Prior Code, § 92.27) (Ord. 93-11, passed 4-5-1993; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) It shall be unlawful to intentionally, knowingly or recklessly dump, place, pour or otherwise dispose of oil directly into or upon the ground, dirt, streets or sewers within the corporate limits of the city.
(B) Violators shall be subject to the penalties and provisions as contained in the balance of this chapter including, but not limited to § 92.09 of this code regarding abatement procedure.
(Prior Code, § 92.28) (Ord. 90-49, passed 9-4-1990; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) No person shall permit or suffer to be in or accumulate in or upon any yard, lot, place or premises, upon any street or sidewalk adjacent to or abutting upon any lot, block, place or premises or in any building or shed owned or occupied by that person within the city limits any stagnant water or impure water, refuse, vegetable decay or decaying substance, garbage or filth of any kind, nor suffer the yard, lot, place, building or premises to be or to remain in such condition as to cause or create a nuisance or offensive smell or to pollute or render unhealthful the atmosphere or the premises or thereby to be, become, cause or create a public nuisance.
(B) Any person as described in division (A) above, shall clean up the premises and abate the nuisance within 48 hours after having received notice of the condition from the Chief Building and Code Inspector, or his or her designated representative.
(Prior Code, § 92.29) (Ord. 93-32, passed 8-16-1993; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) (1) It shall be unlawful for the owner or occupant of any lot to permit snow, ice or hard-packed snow to accumulate or remain on the sidewalk contiguous thereto. The sidewalks shall be cleaned within 24 hours after the cessation of any storm or fall of snow.
(2) It is hereby declared to be the duty of the Chief Building and Code Inspector, or his or her designated representative whenever any violation of this section shall come to its knowledge, to forthwith notify the person committing or permitting such acts or conditions prohibited by this section to at once abate the violation, and if the person does not immediately abate the violation and remove the snow, ice or hard-packed snow within three hours of the notice, the Chief Building and Code Inspector, or his or her designated representative, may issue a code violation notice, and if later prosecuted and convicted, the violators shall be fined as provided in § 92.99 of this code. In addition thereto, if the owner or occupant fails to remove the snow, ice or hard-packed snow within 24 hours of the notice of violation, the Chief Building and Code Inspector or his or her designated representative shall cause the removal of the snow, ice or hard-packed snow and shall prepare a statement of costs incurred in the removal thereof, and will assess the cost thereof against the property and pursue any other remedies available. The city will charge a removal fee as set by resolution.
(B) No person shall deposit, throw, blow or otherwise dispose of any snow, ice or hard-packed snow on any public property, street, alley or other public way, except for the sidewalks in the downtown area, as defined in the snow and ice control policy, which snow shall be returned to the curb line dividing the streets and sidewalks in the designated area.
(Prior Code, § 92.30) (Ord. 94-09, passed 2-7-1994; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
WEEDS, GRASSES AND WORTHLESS VEGETATION
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WEEDS. Includes, but not limited to the following: Canada thistle (Cirsium arvense), leafy spurge (Euphorbia esula), nodding or musk thistle (Carduus nutans), plumeless thistle (Carduus acanthoides), spotted knapweed (Centaurea maculosa), diffuse knapweed (Centaurea diffusa), bindweed (Convolvulus arvensis), hoary cress (Cardaria draba), Russian knapweed (Centaurea repens), Johnson grass (Sorghum halepense), Scotch thistle (Onopordum acanthium), morning glory (Ipomoea purpurea) when found in field crop seeds, skeletonleaf bursage (Ambrosia discolor), woolyleaf bursage (Ambrosia tomentosa), serrated tussock (Nassella trichotoma), puncturevine (Tribulus terrestris), perennial peppergrass (Lepidium draba), quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) thorn, hemp plant (Cannabis sativa) and ragweed (Ambrosia).
(Prior Code, § 92.40) (Ord. 91-39, passed 8-5-1991; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) It shall be unlawful for any owner, agent, lessee, tenant or other person occupying or having charge or control of any premises to permit weeds, grasses and/or worthless vegetation to remain upon the premises and upon any area between the property lines of the premises and the center line of any adjacent street, alley, sidewalk, easement, right-of-way and all other areas, public or private.
(B) All weeds, grasses and worthless vegetation are subject to abatement and the owner or occupant of any lot or piece of ground subject to the city’s jurisdiction is hereby required to keep the lots and pieces of ground and the adjoining streets and alleys free of any:
(1) Weeds (including but not limited to noxious weeds), indigenous grasses and/or worthless vegetation on or about residential property which, because of their height, have a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height;
(2) Weeds (including but not limited to noxious weeds), indigenous grasses and/or worthless vegetation which may attain such large growth as to become, when dry, a fire menace to adjacent improved property; or
(3) Weeds (including but not limited to noxious weeds), indigenous grasses and/or worthless vegetation which are located in an area which harbors rats, insects, animals, reptiles or any other creature which either may or does constitute a menace to health, public safety or welfare.
(Prior Code, § 92.41) (Ord. 90-2, passed 5-7-1990; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) (1) The Chief of Police or his or her designated representative, shall be charged with the administration and enforcement of this subchapter. The Chief of Police, or his or her designated representative, shall notify, in writing, the owner, occupant or agent in charge of any premises in the city upon which weeds exist in violation of this subchapter, by certified, return receipt requested mail or by personal service, once per calendar year.
(2) Whenever there is personal service of the notice, a copy of the notice shall also be mailed by certified, return receipt requested mail to the owner. 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.
(B) The notice shall include the following:
(1) The owner, occupant or agent in charge of the property is in violation of this subchapter;
(2) The owner, occupant or agent in charge of the property is ordered to cut the weeds within ten days from mailing or personal service of notice;
(3) The owner, occupant or agent in charge of the property may in writing file a request with the office of the City Clerk for a hearing before the City Administrator within five days after receipt of the notice. If a hearing is properly requested, then:
(a) The hearing on the appeal shall be held within 14 days after the filing of the appeal; and
(b) Within five business days after conclusion of the hearing, the City Administrator shall render his or her decision.
(4) If within five days after receipt of the notice the owner, occupant or agent in charge of the property does not request a hearing or does not cut the weeds, the city or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative fee, against the owner, occupant or agent, in charge of the property. Charges for weed cutting when done by the city are set by resolution;
(5) The owner, occupant or agent in charge of the property will be given an opportunity to pay the charges as described above and, if not paid, the charges will be added to the property tax as a special assessment or shall be filed with the Register of Deeds office as a lien against the property;
(6) Only one notice of violation needs to be given as described above during the calendar year; and
(7) The Chief Building and Code Inspector or his or her designated representative(s) should be contacted if there are any questions regarding the order.
(C) Service on nonresidents or absentee owners shall be made by posting a copy of the notice of abatement letter on the property involved.
(D) 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.
(Prior Code, § 92.42) (Ord. 90-2, passed 5-7-1990; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
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