(A) Nuisance defined. For the purposes of this section, a public nuisance is a thing, act, occupation, condition or use of property, which shall continue for such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(2) In any way render the public insecure in life or in the use of property;
(3) Greatly offend the public morals or decency;
(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, or other public way; or
(5) Be any nuisance so defined by law.
(B) Nuisances affecting health. The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of this section:
(1) Carcasses of animals, birds or fowl not lawfully disposed of in a sanitary manner within 24 hours after death;
(2) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, abandoned vehicles or machinery, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may be harbored or breed;
(3) All stagnant water in which mosquitoes, flies or other insects can multiply;
(4) Trash or garbage receptacles that are not fly-tight;
(5) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the village limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;
(6) The pollution of any public property, well, cistern, stream, lake, or body of water by sewage, industrial wastes or other substances;
(7) Any use of property, substances or things within the village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons, which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the village;
(8) All abandoned wells not securely covered or secured from public use;
(9) Any obstruction in or across any watercourse, drainage easement, ditch or ravine; or
(10) The deposit of garbage, rubbish, or any offensive substance on any street, sidewalk or public place, or on any private property, except as may be permitted by ordinance.
(C) Nuisances affecting peace and safety. The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of this section:
(1) All buildings erected, repaired or altered in violation of the provisions of the code or ordinances of the village relating to materials and manner of construction of buildings and structures;
(2) All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic-control devices placed or maintained upon or in view of any public highway or railway crossing;
(3) All trees, hedges, or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk;
(4) All use or display of fireworks except as provided by the laws of the state and code or ordinances of the village;
(5) All loud and discordant noises or vibrations of any kind between 9:00 p.m. and 7:00 a.m. Exception: temporary uses are exempt from this requirement if specifically approved by the Village Board, but only to the extent that the use is operated within the hours and requirements as specifically approved and permitted;
(6) All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the code or ordinances of the village or which, although made in accordance with such code or ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;
(7) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk;
(8) All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small child;
(9) Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk, which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks;
(10) Any advertisements or signs affixed to any building, wall, fence, sidewalk, street or other private or public property without permission of the owner thereof; or
(11) Any sign, marquee or awning, which is in an unsafe condition, or which overhangs any roadway, or which overhangs any sidewalk less than eight feet above the sidewalk surface.
(D) Nuisances prohibited. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the village.
(E) Inspection of premises. The Director of Fire and Building or their designee may inspect or cause to be inspected premises upon which it is believed that a public nuisance exists and shall make a written report of the inspection.
(F) Abatement.
(1) Notice to owner of nuisance. If the inspecting officer shall determine that a public nuisance exists on private property and that there exists a threat to the public health, safety, peace, morals or decency, the Director of Building and Fire, or their designee, may direct that notice is served upon the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within a specified time period as determined to be appropriate and shall state that unless such nuisance is so abated, the village will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be. If the nuisance has an immediate danger to the public, nothing shall prevent the village from taking immediate action to protect the public.
(2) Abatement by village. If the nuisance is not abated within the time provided, or if the owner, occupant or person causing the nuisance cannot be found, the village shall cause the abatement or removal of such public nuisance.
(G) Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, they shall file a written report of his or her findings and shall cause a court action to abate such nuisance to be commenced in the name of the village.
(H) Cost of abatement. In addition to any other penalty imposed by this section for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the village shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes.
(Ord. 955, passed 7-10-12)