(a) It shall be unlawful for any property Owner, Occupant, Responsible Party, or other Person to allow a Nuisance to exist.
(b) Exceptions on Agricultural Properties.
(1) Crops located on Agricultural Properties, including but not limited to hay and pasture, shall not be considered Weeds and Rank Vegetation under this Article unless said crops obstruct lines of sight necessary for the safe use of public streets and rights-of-way. A Code Enforcement Official must provide the Owner or Responsible Party of Agricultural Property a warning before issuing a Notice of Correction Order based upon the height and/or location of crops.
(2) Unless created through the negligent operation of an agricultural operation or its appurtenances, changed conditions of an agricultural operation do not qualify as a Nuisance, public or private, provided that the following conditions are met:
a. The agricultural operation has been operating continuously for more than one (1) year.
b. There is no significant change in the type of operation. A conversion from one type of agricultural operation to another type of agricultural operation, a change in the size or Ownership of the operation, or the entry of the operation into or cessation of participation in a governmental program shall not qualify as a significant change.
c. At the time that agricultural operations began on the Premises, the Premises were properly considered Agricultural Property and the operations did not present a Nuisance.
(3) Portions of parcels or lots used for residential purposes shall not be considered Agricultural Properties and shall be subject to all limitations set forth in this Article applicable to residential properties.
(c) Attractive Nuisances.
(1) The City recognizes that Attractive Nuisances pose a particular and increased danger to citizen's health, safety, and welfare by their very nature, and in particular to the health, safety, and welfare of children. The presence of any Attractive Nuisance on a Premises shall warrant designation as an Emergency or Safety Concern and shall allow the Code Enforcement Official to require abatement in a period of time less than ten (10) days under Section 6-273(d).
(2) Due to the danger represented by such an Attractive Nuisance to children, no Person shall leave or permit to remain outside of any dwelling or other Building, or within any unoccupied or abandoned dwelling or other Structure under his control, or in any place accessible to children, any abandoned, unattended, or discarded icebox, refrigerator, or other container which has an airtight door or lid which cannot be opened easily by pushing from the inside.
(3) Any Owner or Responsible Party of property on which an Attractive Nuisance is located shall take all reasonable steps to ensure that the Attractive Nuisance is either removed from the property or properly secured to prevent children from encountering the same.
(Ord. 16-14, § 7, 4-4-16)