(A) It shall be unlawful for the owner, occupant or person having control or management of any land within the city to permit a public nuisance to develop thereon.
(B) The following conditions are declared to be public nuisances:
(1) Dangerous trees or stacks adjoining street. Any tree, stack or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the life, limb or property of, or cause hurt, damage or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(2) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents or insects, or blow rubbish into any street, sidewalk or property of another.
(3) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity.
(4) Weeds and grass.
(a) It is unlawful for any person owning property or having property in their possession to fail to cut, mow and remove weeds, bushes and grass or any other thing that might grow in, around and on the streets and alleys of the city adjoining and adjacent to the property or over or above the sidewalks that interfere with traveling or that shall grow exposed within their yards and open lots within the city other than flowers, shrubs, roses or things that are ornamental and add to the beauty of the city. Frequency of mowing shall be as follows. The requirements for frequency of mowing within the city shall be as follows:
1. Large tracts (three acres or more) from which hay is harvested, whether zoned business, light industrial or residential unimproved lots, if mowed for hay, shall be mowed at least twice per year and the hay shall be removed therefrom within 21 days of baling. If lot is not being managed for hay, it shall be mowed four times per year (every 45 days or every six weeks) from April to September.
2. Residential lots and tracts in a newly developing subdivision shall be mowed four times per year (every six weeks) as in (B)(4)(a)1. above if still in the ownership of the recorded landowner.
3. Other residential property, including vacant residential lots not in process of development by developer shall be mowed with such a frequency that the grass height shall not exceed eight inches tall.
(b) Any person failing or refusing to have cut, mowed and removed weeds, bushes, grass and other plants described herein from the places herein designated after receiving ten days' notice from the Police Chief, any police officer, the city’s Building Inspector or the Code Enforcement Officer shall be guilty of violating this section. Any person who is guilty of violating this chapter may be cited by the Building Inspector, Code Enforcement Officer or any peace officer and will be subject to a fine if such condition to which the aforesaid notice relates is not remedied within ten days from the receipt of the notice. No subsequent notice shall be required to constitute a violation if the same property owner fails to cut, mow or remove weeds, bushes and grass or any other things subject to this chapter, and which are required to be mowed and cut according to the above schedule, after the initial notice is given by the appropriate officer.
(Am. Ord. 1738, passed 10-26-1987; Am. Ord. 2249, passed 6-22-1998; Am. Ord. 2421, passed 6-25-2002)
(5) Open wells. The maintenance of any open, uncovered or insecurely covered cistern, cellar, well, pit, excavation or vault situated upon private premises in any open or unfenced lot or place.
(6) Trees and shrubbery obstructing streets, sidewalks, drainage and intersections. The growing and maintenance of trees or shrubbery which in any way interferes with the use, construction or maintenance of streets or sidewalks, causes injury to streets or sidewalks or constitutes an obstruction to drainage, or visibility at intersections.
(7) Keeping of animals. The failure to keep an animal’s pen, yard, lot or other enclosure in a sanitary condition and free from preventable offensive odors.
(8) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts or scrap metal within the city limits, except on premises authorized by the city for such purposes.
(9) Swimming pools.
(a) Maintenance. Maintain water clarity so that all parts of the pool bottom can be seen. Prevent any pool or spa to remain in a condition that creates a public health or safety hazard or a general nuisance to the general public (including mosquitoes).
(b) Nonoperational/unused pools. Nonoperational or unused pools that remain so for one season shall be drained, covered and not allowed to accumulate stagnant water, pumping out as necessary.
(10) Outside open storage. Outside open storage on residential property is prohibited, including inoperable motor vehicle, icebox, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every owner or occupant keep the premises of the residential property clean and remove from the premises all such items as listed above including, but not limited to, weeds, dead trees, trash, garbage and the like upon notice from the Code Enforcement Officer. This is to protect neighborhoods from rats, mice, insects and other vermin.
(11) Tires stored outside that harbor mosquitoes constitute a nuisance.
(a) It is unlawful for any person owning property or having property in their possession upon which tires are not stored under a cover to keep those tires in open areas and not covered unless they spray those tires with an insecticide at least weekly for insects during the period from March 1 to December 1 of each year.
(b) Any person failing or refusing to spray tires at least once a week which are stored in open areas and not covered after receiving ten days' notice from the Police Chief, any police officer, the city's Building Inspector or the Code Enforcement Officer shall be guilty of violating this section. Any person who is guilty of violating this chapter may be cited by the Building Inspector, Code Enforcement Officer or any peace officer and will be subject to a fine if such condition to which the aforesaid notice relates is not remedied within ten days from the receipt of the notice. No subsequent notice shall be required to constitute a violation if the same property owner fails to spray uncovered tires at least weekly or any other things subject to this chapter, after the initial notice is given by the appropriate officer. The penalty shall be the same as set out in § 95.03(B).
(1989 Code, § 95.03) (Am. Ord. 2795, passed 8-27-2012; Am. Ord. 2020-2954, passed 1-27-2020; Am. Ord. 2020-2955, passed 1-27-2020; Am. Ord. 2020-2958, passed 3-9-2020; Am. Ord. 2020-2962, passed 3-26-2020)
Penalty, see § 95.99