(A) All owners of real estate in the city shall be under a duty to remove or cause to be abated any public nuisances as defined herein. The duty shall also extend to the parkway or other strip of ground lying between private property and the curb or paved portion of the street.
(B) The following conditions are hereby declared public nuisances:
(1) Whenever weed or rank vegetation are on urban property and are not cut, mowed or otherwise eliminated.
(2) Whenever any vegetation exists on private property in close proximity to any municipal property or governmental right-of-way or easement which because of its location, size or condition interferes with the public safety or lawful use of such property, right-of-way or easement.
(3) Whenever any tree, shrub, vine or plant may be standing adjacent to any public street, so as to obstruct thereby the vision of travelers along such street.
(4) Whenever any dead, decayed, broken or dangerous limbs overhang or are close to a public way.
(5) Whenever any tree or other vegetation may overhang the surface of a public way below a clear height of a least eight
feet so as to interfere with the passage of light from the street lighting system.
(6) Whenever a building or premises is not maintained in a clean, orderly or sanitary manner in compliance with any federal, state or local law, or regulation.
(7) Whenever any exterior property area is not maintained in a clear and sanitary condition, free from any accumulation of rubbish or garbage.
(8) Whenever any building or accessory structure is structurally unsound or otherwise unsafe and dangerous to life, limb or property.
(9) Whenever premises shall not be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.
(10) Whenever buildings shall not be kept free from insect and rodent infestation. Where insects and rodents are found, they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
(11) Whenever any property is abandoned, neglected, or disregarded so as to permit the same to be cluttered with an accumulation of litter or waste including but not limited to waste paper, rags, cans, bottles, boxes, lumber, metal, garbage, trash, disused or inoperable vehicles, trailers, machinery, appliances, or furniture thereon, unless specifically authorized by law.
(12) Whenever any storage of manure, odor or dust producing materials of any kind is allowed to occur within 50 feet of any adjoining lot line.
(13) Whenever any animal other than a household pet is kept within the city limits, provided, however:
(a) The term “household pet” as used in this chapter shall not include ducks, chickens, rabbits, goats, sheep, swine or other animals not customarily kept as family pets.
(b) One horse or pony may be kept within a private stable if such lot or tract contains at least two acres and one additional horse or pony may be kept for each additional one-half acre.
(c) Customary farm animals may be kept on a noncommercial basis when adequately housed and fenced on a parcel of land not less than 10,000 square feet in area.
(d) Any area now within the corporate limits or hereafter annexed which is now used as part of a farming operation, saddle club, veterinarian, sale barn, 4-H or fairground, and associated activities may continue such usage.
(e) Notwithstanding any of the foregoing exceptions, this chapter shall not be construed to contravene the Zoning Code set forth in Chapter 153.
(14) Whenever stables and buildings housing other farm animals are located closer than 100 feet of any lot line.
(C) The City Sanitarian, or other city official who may be designated by the Board of Public Works and Safety shall enter upon and inspect properties in the city, and if real estate is found whereon such public nuisances exist, he shall serve notice in writing on the owner of such real estate requiring the owner to remove or abate such nuisance within five days after serving such notice. Service of the notice shall be made by personally delivering a copy of the notice to the premises and delivering the same to the owner thereof, or posting notice upon the entry way to the premises if the owner of the premises cannot be located or refuses to accept delivery of the notice, or by sending a copy of the notice by certified mail or other public means by which a written acknowledgement of the receipt may be requested and obtained from the addressee. Service shall be deemed to have been made as of the date of the posting of such mail or notice. The City Sanitarian or other city official shall report such failure to the Board of Public Works and Safety. Such Board may thereupon, after review of the facts, order the appropriate department of the city to enter upon such real estate and remove and abate such nuisance. Such department, after having performed such work, shall certify the actual cost of performing the same. The city shall thereupon bill the owner for such work. If the owner fails or refuses to pay such charges within a reasonable time, the city shall certify such charges to the appropriate county official to be taxed against such real estate and collected as other taxes were collected. The liability for the expense of removing or abating such nuisance shall be in addition to any penalty for violation of this action of the city code which may be imposed.
(‘85 Code, § 6.09) (Ord. 50-1975, passed - -75; Am. Ord. 12-1997, passed 8-11-97) Penalty, see § 96.99