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Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public shall be deemed a "public nuisance". A "public nuisance" shall include, but not be limited to, the following: (2007 Code § 23-42)
A. Accumulations: Any yard waste, solid waste, vehicle parts, garbage, noxious substances or hazardous wastes, junk, unused building materials, salvage material or other offensive substances thrown, left or deposited in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, public or private lot, whether vacant or occupied, or upon any pond or pool of water, except for: (Ord. 5-13, 2-18-2013)
1. Solid waste deposited and stored in accordance with provisions of this Code;
2. A compost pile located or maintained in compliance with this chapter;
3. Yard waste located or maintained in compliance with this chapter;
4. Junk or salvage materials properly stored in a junk or salvage yard permitted under this Code;
5. The use of agricultural manure on crop producing agricultural land or pasture; or
6. The safe accumulation of animal waste by commercial livestock processing facilities.
B. Diseased Or Damaged Trees Or Plant Materials: Any dead, diseased or damaged tree or plant material which may harbor serious insect or disease pests or disease injurious to other trees or plant materials, or any tree in such a state of deterioration that any part of such tree is likely to fall and damage property or cause injury to persons.
C. Ditch, Drain Or Stormwater Detention Basins: Any stormwater detention basin not properly maintained as determined by the city engineer.
D. Stagnant Water: Stagnant water standing on any property, including any container or material kept in such a condition that water can accumulate and stagnate.
E. Vermin And Pests:
1. Conditions which are conducive to the harborage or breeding of vermin and pests; or
2. Infestations of vermin and pests, such as rats, mice, skunks, snakes, bats, starlings, pigeons, and insects (except tended honeybees).
F. Private Sewer Facilities:
1. Facilities for the storage or processing of sewage, such as privies, outhouses, port-a-potties, vaults, sewers, private drains, septic tanks, cesspools, drain fields or similar facilities, which have failed or do not function properly or which are overflowing, leaking or emanating odors.
2. Septic tanks, cisterns and cesspools which are abandoned or no longer in use unless properly emptied and filled with clean fill.
3. Any vault, cesspool or septic tank which does not comply with applicable health regulations.
G. Unoccupied, Dangerous Buildings:
1. Unoccupied buildings or unoccupied portions of buildings which are unsecured;
2. Abandoned buildings; or
3. Dangerous buildings or structures.
H. Hazardous Conditions:
1. Generally: Any hazardous thing or condition on property which may contribute to the injury of any person present on the property, including, but not limited to, open holes, open foundations, excavations, open wells, dangerous trees or tree limbs, abandoned refrigerators and trapping devices.
2. Fire Hazard: Any thing or condition on property creating a fire hazard, as determined by the fire marshal.
3. Health Hazard: Any thing or condition on property creating an imminent threat to human health or in violation of any health or sanitation law.
I. Obstructing Public Ways And Property:
1. The obstructing or encumbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks and commons, except as permitted by agreement, easement, or this code.
2. Any gathering of persons or vehicles upon a public street or sidewalk or any use of property abutting a public street or sidewalk which obstructs pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by this code.
J. Depositing Mud, Dirt And Debris On Public Ways: The depositing or allowing the depositing of mud, dirt, gravel or other debris on public ways. (2007 Code § 23-42)
K. Unsanitary Accumulations: Failing to keep a building, dwelling, structure, business and parts thereof, or grounds clean and free of any unsanitary accumulations of dirt, filth, rubbish, or garbage, including all property outside the lot and property lines and inside the curb lines. (Ord. 5-13, 2-18-2013)
L. Unwholesome Food Or Drink: Whatever renders food or drink unwholesome or detrimental as determined by the health officer.
M. Communicable Disease: The exposure of any person to any communicable disease by unlawful act or practice.
N. Animals: Harboring or maintaining such number of dogs or cats or other animals, or combination thereof, as to create unhealthy or unsanitary conditions for the humans or animals occupying the premises. (2007 Code § 23-42)
O. Clear And Present Danger To Others: A clear and present danger to the health or safety of others on or within one thousand feet (1,000') of a property includes, but is not limited to, the following activities of any person on the premises with the consent of the property owner, resident, or occupant:
1. Physical assault or the threat of physical assault.
2. Illegal use of a firearm or other weapon, the threat to use a firearm or other weapon illegally, or possession of an illegal firearm.
3. Possession of a controlled substance unless the controlled substance was obtained directly from or pursuant to a valid prescription or order by a licensed medical practitioner while acting in the course of the practitioner's professional practice. This subsection applies to any other person on the premises with the consent of the tenant, but only if the tenant knew of the possession by the other person of a controlled substance.
4. The above will not apply to a property owner, resident, or occupant if the activities, as described in subsections O1, O2 and O3 of this section, are caused by a person on the premises who does not reside at the premises and the property owner, resident, or occupant takes at least one of the following measures against the person conducting the activities:
a. The property owner, resident, or occupant seeks a protective order, restraining order, order to vacate the homestead, or other similar relief pursuant to Iowa Code, chapter 236, 598, 664A, or 915, or any other applicable provision which would apply to the person conducting the activities causing the clear and present danger.
b. The property owner, resident, or occupant reports the activities causing the clear and present danger to a law enforcement agency or the county attorney in an effort to initiate a criminal action against the person conducting the activities.
c. The property owner, resident, or occupant writes a letter to the person conducting the activities causing the clear and present danger, telling the person not to return to the premises and that a return to the premises may result in a trespass or other action against the person, and the tenant sends a copy of the letter to a law enforcement agency whose jurisdiction includes the premises. If the tenant has previously written a letter to the person as provided in this subsection, without taking an action specified in subsection O4a or O4b of this section or filing a trespass or other action, and the person to whom the letter was sent conducts further activities causing a clear and present danger, the tenant must take one of the actions specified in subsection O4a or O4b of this section to be exempt from proceedings pursuant to this subsection.
d. However, in order to fall within the exemptions provided within this subsection, the property owner, tenant, or occupant must provide written proof to the city of Dubuque, prior to the commencement of a suit against the property owner, resident, or occupant, that the property owner, resident, or occupant has taken one of the measures specified in subsections O4a through O4c of this section.
P. Disorderly House:
1. "Disorderly house" means a building, dwelling, establishment, curtilage, premises, or place where prohibited conduct occurs.
2. "Prohibited conduct" means activities in violation of statutes or ordinances relating to any of the following:
a. Illegal gambling.
b. Prostitution, pandering, pimping, or indecent conduct.
c. Sale or possession of controlled substances, unless the controlled substance was obtained directly from or pursuant to a valid prescription or order by a licensed medical practitioner while acting in the course of the practitioner's professional practice.
d. Unlawful liquor sales.
e. Unauthorized delivery or manufacture of a controlled substance.
g. Physical assault.
h. Threat of physical assault.
i. Illegal use and/or possession of firearms or other weapons.
j. The threat to use a firearm or weapon illegally.
k. Excessive noise.
m. Disorderly conduct.
n. Possession of alcohol under the legal age (PAULA) by property owner, tenant, or occupant.
o. Possession of drug paraphernalia.
p. Public intoxication.
q. Aiding and abetting. (Ord. 17-11, 3-7-2011)
Q. Furniture: Indoor upholstered furniture or upholstered furniture which is not designed for outdoor use but which is maintained or located on any uncovered porch, lawn, parking lot, driveway, or public right-of-way.
R. Combustible Items: Any accumulation of combustible items such as mattresses, boxes, paper, automobile tires and tubes, old clothes, rags, or any other combustible materials or objects of a like nature. (Ord. 5-13, 2-18-2013)
S. Construction And Building Materials: Outdoor storage of construction and building materials, except those that are stored in a manner to protect their utility, prevent deterioration, and are used at the site within the timespan of an applicable building permit, one hundred eighty (180) days, or a time frame proposed by the property owner that has been approved by the City. (Ord. 2-18, 2-5-2018)
T. Appliances Or Appliance Parts: Outdoor storage of appliances or appliance parts, except those that are reasonably expected to be used at the site, which are stored in a manner to protect their utility, prevent deterioration, and protect people from becoming trapped within them.
U. Burned Or Partially Burned Buildings And Structures: Any building or other structure which has been burned, partially burned, or otherwise partially destroyed, which is unsightly or hazardous to the safety of any person or structurally unsound to the extent that the City Manager reasonably determines there is a likelihood of personal or property injury to any person or property entering the premises.
V. Miscellaneous: Any act done or committed by any person or any substance or thing kept, maintained, placed, or found in or on any public or private place which is annoying or damaging or injurious or dangerous to the public health, welfare, or safety and every action or thing done, permitted, maintained, allowed, or continued on any public or private property, by any person which is liable to or does endanger, annoy, damage, or injure any person or inhabitant of the City or property of said person or inhabitant. (Ord. 5-13, 2-18-2013)