(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
NUISANCE. Whatever is injurious to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property is declared to be a NUISANCE. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
PROPERTY OWNER. The contract purchaser, if there is one of record; otherwise, the record holder of legal title.
(B) Nuisances designated. The following things, substances, acts and conditions are declared to be nuisances; provided, however, this enumeration shall not be deemed or construed to be exhaustive, limiting or conclusive:
(1) Any and all putrid or decaying carcasses, flesh, fish, vegetables, entrails, offals, filth or other unwholesome or offensive substances of any kind left, deposited or existing upon any street, alley, private lot or ground or public place or in or about any vacant or occupied building, except when enclosed in a receptacle as provided in Chapter 3 of this code of ordinances;
(2) Any accumulation of stagnant water; diverting any stream, creek or river from its natural course or state;
(3) A building, structure or place where:
(a) Any activity is conducted which is in violation of any local, state or federal law; or
(b) Drunkenness, quarreling, fighting or breaches of the peace or carrying on or permitted to the disturbance of others;
(4) Failure to properly dispose of or quarantine plant or animal matter containing injurious pests or contagious disease;
(5) Dense smoke, noxious fumes, fly ash or other emissions in noisome quantities;
(6) Any obstruction placed:
(a) On a street, alley, public ground or watercourse, except as permitted by the city; and
(b) Private ways and burial grounds.
(7) Failure to secure areas, buildings or places against accidental or unauthorized access where such access threatens the health or safety of citizens, and especially where such an area or place is an attraction to the immature citizen. Fences, railings and other guards should be well built, kept in good repair, be at least 48 inches from top to ground and of adequate height to perform their function, and have no sharp points, spikes, hooks, projection barbs or other devices that are in themselves hazardous; except that, barbed wire may be used to enclose agricultural land;
(8) Any building or location which harbors vectors, vermin or pests;
(9) The pollution of any well, stream, lake, river or body of water by the dumping or throwing of any sewage, industrial waste, carcass, garbage, refuse, offal or manure, except with the consent and under the direction of the Department of Natural Resources and the dumping or throwing of any of such items upon any private or public property;
(10) All open cisterns or cisterns with inadequate or improper and unsafe coverings, open basements, holes, trenches or other excavations not properly marked and precautionary measures taken to prevent injury to the public, except under such conditions as are provided by this code;
(11) The depositing or keeping of junk and refuse such as, but not limited to, old lumber, tin, wire, cans, barrels, cartons, boxes, rags, tires, inner tubes, brush, grass and hedge clippings, rocks, bricks, cinders, scrap iron, buckets, tubs, windows, screens, glass, bottles, wastepaper, bed springs, discarded furniture, cleanings and bedding from animal or fowl pens, improperly covered garbage and waste receptacles, old automobile parts, inoperable machinery or appliances and bones;
(12) The storage of inflammable junk, such as old rags, rope, cordage, rubber and paper;
(13) All noxious weeds, and all grass, weeds, brush, vines and other dense or rank growth in excess of 12 inches in height grown upon public or private property to the centerline of streets and alleys adjacent thereto; except that, where the property is unplatted or in agricultural use, the restrictions of this division (B)(13) shall apply only to the outermost 200 feet within the perimeter of the property;
(14) (a) Motor vehicles, trailers, boats, snowmobiles, campers and the like and any and all other vehicles required to be registered or titled by the state for respective use within the state, which do not meet all requirements for use on the public ways or are otherwise inoperable or in a dilapidated condition and not stored within an entirely enclosed complying building or other temporary screening that has been approved, in writing, by the City Manager, or the City Manager’s designee;
(b) Exception: operable race cars currently being raced in sanctioned events and antique or classic vehicles actively involved in the process of restoration, not to include parts; provided:
1. Outside storage permitted only from May 15 to September 15 of any given calendar year;
2. Outside storage area must be hard surfaced per this code and located in the rear yard area;
3. Vehicles must be covered with a commercial tarpaulin constructed especially for motor vehicles, sufficient in size to cover the entire vehicle; and
4. One such vehicle permitted per property containing a legal building, structure and/or use.
(15) All snow and ice not removed from public sidewalks within 12 hours after the snow and ice has ceased being deposited thereon;
(16) Any downspout, trough, eave, awning or other device which causes snow or ice to accumulate on any public drive, road, alley, walk or way;
(17) All trees, hedges, billboards or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets or alleys in sufficient time to bring a motor vehicle driving at a reasonable speed to a full stop before the intersection is reached;
(18) All trees or parts of trees which are dead, decayed, diseased or dying;
(19) Dangerous buildings or structures;
(20) Buildings, upon which the address has not been legibly posted;
(21) Weeds or other growth which constitute a health, safety or fire hazard;
(22) The obstructing of any street, alley or thoroughfare by placing ice or snow from a parking lot, sales lot or driveway so as to make travel unsafe or dangerous;
(23) All accessory structures, including detached garages, fences and walls, that are not maintained structurally sound and in good repair;
(24) Any handrail or guardrail that is not firmly fastened and capable of supporting normally imposed loads and maintained in good condition; and
(25) Any abandoned or otherwise unattended refrigerator, icebox or similar container, with doors, outside of buildings and accessible to children.
(Ord. C-355, passed 12-4-2001)