Nuisances are, but not limited to, the following conditions, whether on occupied or unoccupied lands, public or private property, are hereby declared to be and constitute a public nuisance and shall be abated; this section shall not be construed to be limiting with regard to its enumeration of public nuisances.
(a) On residential properties, weeds or grass allowed to grow to a height of twelve (12) inches or greater on the average, except Bahia grass, or any accumulation of dead weeds, grass, or brush, that may provide safe harborage for rats, mice, snakes and/or other vermin, or cause brushfire, on property of less than five acres for which the primary use is not agriculture. In any event, no weed growing in one property, in any height, shall cross a property line entering another property or public right-of-way.
(b) Vegetation that obstructs the safe passage or line-of-sight of motorists or pedestrians at an intersection or driveway connection with a public or private street or alley, or along any street or sidewalk.
(c) On residential properties, dead or dying trees or other vegetation which may cause a hazardous situation if they fall.
(d) Accumulation of standing water, or rubbish, trash, refuse, junk, construction debris, other abandoned materials, metals, appliances, tires, furniture, lumber, or other such items.
(e) The keeping or maintenance of one or more abandoned vehicles visible in public or in a manner inconsistent with this article.
(f) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(g) Any building or other structure which is in such a dilapidated condition or structural instability that it is unfit for human and/or animal habitation, not in compliance with West Virginia Building Code, that creates health or safety hazards for the neighborhood or the community, or kept in such a condition that promotes and harbors the breeding of rodents, vermin, mosquitoes, or other harmful insect, or is a menace to the health of people residing in the vicinity thereof.
(h) The storage or maintenance of mobile homes which are abandoned and/or unoccupied, or are not connected to legal sewage disposal facilities, except those located at a mobile home sale facility. There shall be presumption that a mobile home is abandoned and/or unoccupied if it is unoccupied for a time period of one hundred eighty (180) days or more, unless an extension is issued by the Town.
(i) A manufactured home, mobile home, or modular home in a condition which presents a substantial danger or hazard to public health, safety, or welfare because it is unused by owner; is uninhabited or uninhabitable because of deterioration, or decay; subjects adjoining property to danger or damaged by storm, soil erosion, or persons seeking temporary hideout or shelter.
(j) An unsecured opening caused by improperly abandoned cistern, well pit, sewage, water and/or sewage treatment system, unused or non-maintained swimming pool.
(k) All noises which may annoy or inhibit others in their enjoyment of the use of their property, except the noises from existing agricultural lands.
(1) All disagreeable or obnoxious odors or stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches, including smoke from fires except where permitted.
(m) The pollution of any public well, stream, lake, canal, or sewage disposal discharging onto the surface of the ground or backing up into structure or body of water, dead animals, dairy waste, industrial wastes, usage of a vehicle to store industrial waste, agricultural wastes, or other substances.
(n) Any building, structure, or other place or location where any activity is conducted, performed or maintained in violation of local, state, or federal law.
(o) Any method of human excrement disposal which does not confonn to the provisions of local ordinances, or state or federal law.
(Ord. 11-04.)