(A) "Public nuisance" means:
1. A condition which endangers the safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of the life or property by the entire community or neighborhood or by any considerable number of persons;
2. Any premises where persons gather for the purpose of engaging in unlawful conduct;
3. A condition which renders dangerous for passage any public highway or right of way or waters used by the public;
4. Any other situation or condition declared to be a nuisance, a public nuisance or otherwise unlawful by this chapter or any provisions of the codes of the city.
(B) A person commits the offense of maintaining a public nuisance if he knowingly creates, conducts, or maintains a public nuisance.
(C) An act which affects an entire community or neighborhood or any considerable number of persons (as specified in subsection (A)1 hereof) is no less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal.
(D) Before any person shall be convicted of any offense herein defined as a public nuisance, such person must be, prior to the issuance of any complaints, unless a shorter time is indicated in the chapter, be served with reasonable notice, or that a reasonable attempt was made to locate such a person, not less than ten (10) days, in written form by the director of public works or the chief of police to abate the same, and that he failed, refused or neglected to do so. In such cases where a violation of this section has occurred, it is the duty of the director of public works, the city attorney, or the chief of police to enter a complaint before the city judge to enforce the prescribed penalty.
(E) A person convicted of maintaining a public nuisance shall be fined an amount not to exceed five hundred dollars ($500.00). Each day of such conduct constitutes a separate offense.
(F) The city judge may also direct the chief of police or the director of public works to abate the nuisance complained of and to add the cost thereof to the other costs of the case and enforce the payment of the same.
(G) In any case where such abatement is ordered by the judge and must be carried out either through contract or by the department of public works of the city, because of the refusal or neglect of the person responsible, the cost of the same may, by a resolution of the city council of the city, be assessed against the real property involved as a special assessment thereto. (Ord. 712, 5-2-1983)