(A) Acts under statutory authority not deemed nuisance. Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.
(B) Damages for past injury recoverable after abatement. The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
(C) Liability of successive owners for continuing nuisance. Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property created by a former owner is liable, therefore, in the same manner as the one who first created it.
(D) Public nuisance not legalized by lapse of time. No lapse of time can legalize a public nuisance amounting in actual obstruction of public right.
(E) Remedies against public nuisances enumerated. Remedies against any nuisances are a civil action, abatement using the procedures set forth in § 92.19 and, in cases of public nuisance only, the additional remedy of indictment, complaint, or information as prescribed by statute and rules relating thereto.
(F) Persons entitled to maintain civil action against nuisance, injunction, and damages recoverable. The remedy by civil action against public nuisance may be maintained by any public body, officer authorized by law or official duty, or by any private person if it is specifically injurious to that person. Such remedy also may be used by any person whose property is injuriously affected or whose personal enjoyment is lessened by any nuisance, public or private. In all such actions, the nuisance may be enjoined or ordered abated with damages recovered in addition.
(G) Abatement of nuisance, notice required before abatement. A public nuisance may be abated without civil action by any public body or officer authorized by law. Any private person may likewise abate any public or private nuisance which is specially injurious to that person in any manner by removing or, if necessary, destroying the thing which constitutes the nuisance without committing a breach of the peace or doing unnecessary injury. Where a private nuisance results from a mere omission of the wrongdoers and cannot be abated without entering upon someone’s land, reasonable notice must be given to that person before entering to abate it.
(H) Complaints. In enforcing this subchapter, priority will be given on the following basis:
(1) Proactive code enforcement by a duly-authorized employee or agent of the city, including the Police Department;
(2) At the request of the City Council; and/or
(3) Receipt of a formal complaint filed by any resident, property owner, or occupant.
(I) Need not to be construed to prevent properly-zoned business. While the nuisance regulations apply to all zones, they should not be construed to prevent the necessary activities of a primary line of business (as shown by NAICS/SIC codes and sales tax receipts) of a properly-zoned business provided the usage is reasonable in scope and duration. For example, if an auto repair business is zoned industrial, it is understood that some of the vehicles on that property may be inoperable for certain periods of time. Provided that the quantity of vehicles, duration, and other accommodations are reasonable, this should not be construed to be a violation.
(Prior Code, Ch. 5.2) (Ord. 598, passed 5-18-2020)