§ 95.36  ILLUSTRATIVE ENUMERATION.
   The maintaining, using, placing, depositing, leaving, or permitting to be or remain on any public or private property of any of the following items, conditions, or actions are hereby declared to be and constitute a nuisance; provided, however, that this enumeration shall not be deemed or construed to be conclusive, limiting, or restrictive:
   (A)   Noxious weeds and other rank vegetation, to include trees and brush cut for construction purposes;
   (B)   The storage of building materials upon any property unless there is in force a valid building permit issued by the city for construction upon the property, and the building materials are intended for use in connection with the construction.  Building materials shall include, but shall not be limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure. All unused building materials shall be removed from the premises by the contractor prior to issuance of any occupancy permit or final acceptance by the Building Inspector, unless the materials are stored upon a commercial property engaged in retail sales and duly licensed by the city;
   (C)   The storage or accumulation of junk, trash, rubbish, or refuse of any kind, except domestic refuse stored in such a manner as not to create a nuisance.  The term JUNK shall include parts of machinery or motor vehicles, unused stoves, or other appliances stored in the open, remnants of wood, metal, or any other material or other cast-off material of any kind whether or not the same could be put to any reasonable use;
   (D)   Storage on any property of junk vehicles except in a completely enclosed building.  For the purposes of this subchapter, the term JUNK VEHICLES shall include any motor vehicle which is inoperative for any reason such as being in a state of disassembly, disrepair, stripped, dismantled, unregistered, or unlicensed, or parts thereof.  In this regard, such a vehicle if licensed may be stored for not more than 14 days while awaiting repairs at a licensed garage and the vehicle or parts thereof may be stored in a licensed junkyard;
   (E)   The existence of any structure or damaged partial structure which because of fire, wind, or other natural disaster, or physical deterioration is no longer habitable, if a dwelling, nor useful for any other purpose for which it may have been intended;
   (F)   The existence of any vacant building, garage, or other outbuilding, unless the buildings are kept securely locked, windows kept glazed or neatly boarded up, and otherwise protected to prevent entrance thereto by vandals;
   (G)   The existence of any incomplete structures unless the structure is in the course of construction in accordance with a valid and subsisting building permit issued by the city and unless the construction is completed within a reasonable time;
   (H)   No building or structure, the major portion of which consists of a basement, shall be occupied by any person for living or sleeping purposes;
   (I)   No garage shall be occupied for dwelling purposes;
   (J)   Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed, or maintained;
   (K)   Any condition which provides harborage for rats, mice, snakes, and other vermin;
   (L)   All disagreeable or obnoxious odors and stenches, as well as the conditions, substances, or other causes which give rise to the emission or generation of the odors and stenches;
   (M)   Dense smoke, noxious fumes, gas, soot, or cinders, in unreasonable quantities;
   (N)   The carcasses of animals or fowls not disposed of within a reasonable time after death;
   (O)   Any accumulation of stagnant water permitted or maintained on any lot or piece of ground which shall harbor mosquitoes, larva, or disease carrying insects or which shall emanate obnoxious odors; and/or
   (P)   It shall be unlawful to permit wastewater from sump pumps or other similar drains to drain onto land, yards, or other spaces from dwellings, business places of all types, and accessory buildings thereto, and to throw any such wastewater onto the land.  A property owner shall provide underground catchbasins with adequate drain fields for this purpose.  Fifty-five-gallon drums shall be sufficient and are recognized as such by the Public Health Department, providing they have not previously been used for hazardous material storage.  Plans for the wastewater disposal shall be submitted to the City Building Inspector or his or her designated agent for approval prior to construction.
(1995 Code, § 30-113)  (Ord. 114, passed 6-1-1987)  Penalty, see § 95.99