A. The following words, terms, and phrases when used in this Chapter shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning:
ABATEMENT: Includes, but is not limited to, the removal, stoppage, extermination, eradication, cleaning, cutting, mowing, grading, repairing, draining, securing, barricading, fencing, demolishing, or destroying that which causes or constitutes a nuisance.
ANNOYANCES: Any condition that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public.
COMPLIANCE DEADLINE: Either forty-eight (48) hours after the notice is received or posted or such other date by which the nuisance must be removed, as specified in the notice.
EMERGENCY ABATEMENT: The abatement of the nuisance by the City, or a contractor employed by the City, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this Code.
ENFORCEMENT OFFICER: Any employee or agent enumerated in City Code Section 1-3-1 or any duly authorized representative thereof.
GARBAGE: Junk, trash, refuse, rubbish, litter, rubble, paper discarded articles, debris or matter of any kind or form not cared for, discarded, abandoned, or not concealed within an enclosure.
OBSTRUCTIONS: Objects or conditions that interfere with, endanger, or prevent the ordinary or safe use of any property including public right-of-way.
OWNER: Any person shown to be the property owner of record.
PROPERTY: Any real property, premises, structure, or location on which a public nuisance is alleged to exist.
PUBLIC NUISANCE OR NUISANCE: Any substance, matter, emission or thing that creates a dangerous or unhealthy condition or that threatens the public peace, health, safety or sanitary condition of the City or that is offensive or has a blighting influence on the community and is found upon, in, being discharged or flowing from or onto any street, alley, highway, vehicle, water, excavation, building, erection, lot, grounds or other property located within the City or any offense that is deemed or declared to be a public nuisance by the City Code.
RESPONSIBLE PARTY: Any one (1) or more of the following:
1. Owner;
2. Agent;
3. Contract for Deed holder;
4. Mortgagee or vendee in possession;
5. Lessee; or
6. Other person, firm or corporation exercising apparent control over a property.
UNSHELTERED STORAGE: Includes, but is not limited to, machinery, implements, equipment, or personal property, worn out or discarded material, household appliances or parts, tools, building materials, tin cans, glass, furniture, mattresses, box springs, crates, cardboard, tires or any other unsightly debris, brush or materials, the accumulation of which may have an adverse effect upon the neighborhood or property values, health, safety or general welfare of the public.
B. Public Nuisance: Public nuisance includes, but is not limited to, the following:
1. Violations of City Code Section 4-1-2 (health);
2. Violations of City Code Section 4-1-3 (safety);
3. Violations of City Code Section 4-1-4 (unsheltered storage and inoperable or abandoned motor vehicles);
4. Violations of City Code Section 4-1-5 (building maintenance and appearance);
6. Violations of City Code Section 4-3 (plants and weeds);
7. Violations of City Code Section 4-7 (noise);
8. Obstructions, which include, but are not limited to:
a. Snow and ice not removed from public sidewalks within twenty-four (24) hours after its accumulation.
b. Water, ice or snow or wastewater falling or flowing from private property or buildings onto public property, except gutters, drainage ways and storm sewers.
c. Use of public street or sidewalk or use of property abutting a public street or sidewalk that causes large crowds of people to gather, blocking or obstructing traffic, streets or sidewalks, except in accordance with the regulations of the City.
d. Signs, awnings, vegetation, or other objects located on private property that are not constructed and maintained as required by law that prevent persons from having a clear view of all traffic approaching an intersection, or that overhang and obstruct public property.
e. Tree Limbs: All limbs or trees which are less than eight feet (8') above the surface of any public walkway or nine feet (9') above the surface of any street.
f. Utility Wires: All utility wires which are strung less than fifteen feet (15') above the surface of the ground.
g. Digging, excavating, or doing any act that alters or effects the drainage of property or alters or effects flows of the public storm sewer and drainage ditch system, except in accordance with the regulations of the City.
h. Depositing snow onto a neighbor’s property or into the right-of-way.
9. Annoyances, which include, but are not limited to noises, odors, vibrations or emissions of smoke, fumes, gas, soot, cinders, or ash;
10. Direct sky-reflected glare directed into any adjoining property where the bare lightbulb is in view of adjacent property or public street;
11. Engaging in any business, activity or conduct that is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to considerable members of the public, or is detrimental to the property in the neighborhood or to the general public including but not limited to, chronic traffic congestion, noisy or late night parties or gatherings that disturb the repose of neighboring property owners, excessive or unreasonable amounts of otherwise lawful parking that causes the unsafe narrowing of traffic lanes and which parking is caused by crowds associated with parties or social gatherings; abusive or threatening language or gestures by residents of the property directed at adjacent or neighboring property owners; a property that is the location of gatherings of juveniles and residents or guests have received citations for underage consumption or the owner of the property has received a citation for allowing or aiding or abetting juvenile consumption; a property that has been allowed to physically deteriorate and has not been maintained and the neglect has measurably lessened the market value of nearby property in the opinion of an appraiser hired by the City for that purpose;
12. Permitting, suffering, maintaining, or failing to remove any offensive, nauseous, hurtful, dangerous or unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid, or thing upon one’s premises, or dropping, discharging, passing, depositing, or otherwise delivering the same upon the premises of another or public property;
13. Constructing, maintaining, permitting, or suffering upon one’s property any billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign or device, or blasphemous written or printed statement, calculated or such as is likely to cause a breach of the peace;
14. Displaying, circulating, issuing, posting, or publishing any slanderous or obscene, immoral or lewd pictures, posters, literature, writings, drawings, or oral statements;
15. Any fence, wall, shed, deck, house, garage, building, structure, tree, pole, smokestack, excavation, hole, pit, basement, cellar, sidewalk, dock, lot, land, yard, premises, or location which by reason of the condition in which it is found or permitted to be or remain, does or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the City;
16. Graffiti; and
17. Any other activity, place or thing that is defined in this Code as a nuisance or public nuisance or any other violations of the City Code or zoning ordinance that are a danger to the health, safety, and general welfare of the citizens of the City.