TITLE 3
PUBLIC HEALTH AND SAFETY
CHAPTER 1
NUISANCES
SECTION:
3-1-1: Nuisance Defined
3-1-2: Nuisances Prohibited
3-1-3: Notice To Abate
3-1-4: Abatement By City
3-1-5: Collection Of Costs
3-1-6: Request For Hearing; City Council Decision
3-1-7: Penalty
3-1-1: NUISANCE DEFINED:
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 a "nuisance". For purposes of this chapter nuisances are:
   A.    Animals:
      1.    Diseased: All diseased animals running at large.
      2.    Carcasses: Carcasses of animals not disposed of within twenty four (24) hours after death, as provided by law.
   B.    Condition Of Property:
      1.    Refuse, Garbage: Accumulations of refuse or garbage.
      2.    Discarded, Junked Items: Accumulations of discarded or junked items creating an unsightly appearance.
      3.    Unreasonable, Unlawful Condition: Any unreasonable or unlawful condition or use of premises or of building exteriors which, by reason of its appearance as viewed at ground level from public streets or from neighboring premises, is detrimental to the property of others.
      4.    Places In Disrepair: All places in such a state of disrepair as to constitute a fire hazard, an attractive nuisance or a hazard of any sort.
   C.    Noxious Weeds: All noxious weeds and other rank growth upon public or private property.
   D.    Smoke, Fumes: Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities.
   E.    Noise, Vibrations: All unnecessary noises and annoying vibrations.
   F.    Obstructions, Excavations: Obstructions and excavations affecting the ordinary use by the public of streets, alleys, sidewalks or public grounds, except under such conditions as are provided by ordinance.
   G.    Motor Vehicles: Allowing disabled, partially assembled or disassembled motor vehicles to remain upon private property for more than thirty (30) days.
   H.    Abandoned Refrigerators: All abandoned, unattended or discarded iceboxes, refrigerators or other containers which have a door or lid, snap lock or other locking device which may not be released from the inside, upon public or private property. (2004 Code)
3-1-2: NUISANCES PROHIBITED:
The creation or maintenance of a nuisance is prohibited within the city. (2004 Code)
3-1-3: NOTICE TO ABATE:
   A.    Definition: For purposes of this chapter, "person" includes any individual, firm, corporation, trust, any other organized group or any governmental entity.
   B.    Notice Required: Whenever the mayor, city clerk or law enforcement agency finds that a nuisance exists, he shall cause to be served upon the owner, agent or occupant of the property on which the nuisance is located, or upon the person causing or maintaining the nuisance, a written notice to abate or to request a hearing as provided in section 3-1-6 of this chapter.
   C.    Contents Of Notice: The notice to abate shall contain:
      1.    An order to abate the nuisance or request a hearing as provided in section 3-1-6 of this chapter within a stated time, which shall be reasonable under the circumstances.
      2.    Location of nuisance, if stationary.
      3.    Description of what constitutes the nuisance.
      4.    Statement of act or acts necessary to abate the nuisance.
      5.    Statement that if the nuisance is not abated as directed and no request for hearing is made within the time prescribed, the city will abate the nuisance and assess the cost against such person.
   D.    Method Of Service: The notice to abate shall be served personally, where practical, by certified United States mail, or by posting such notice to abate on the premises. Return of service shall be made as provided by law for returns of personal service. (2004 Code)
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