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. The following conditions are declared to be public nuisances:
(A) Dwellings unfit for human habitation. The erection, use, or maintenance of a dwelling which is unfit for human habitation.
(B) Dangerous buildings adjoining streets. Any building, house, or structure so out of repair and dilapidated 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 using or being upon the streets or public way of the city adjoining the premises, by reason of the collapse of the building, house, or structure or by the falling of parts thereof or of objects therefrom.
(C) 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.
(D) Dilapidated buildings. Any building, house, or structure which is so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire, or which due to lack of adequate maintenance or neglect, endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment of other property or persons in the vicinity.
(E) 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 of other property or persons in the vicinity because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents, or insects, or its blowing of rubbish into any street, sidewalk, or property of another.
(F) Noxious odors or smoke. Emission into the surrounding atmosphere of odor, dust, smoke, or other matter which renders ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible.
(G) Noise. Emission of noise which is noxious enough to destroy the enjoyment of dwellings or other uses of property in the vicinity by interfering with the ordinary comforts of human existence.
(H) Storage of explosives or combustible material. The storage of combustible or explosive material which creates a safety hazard to other property or persons in the vicinity.
(I) Weeds. The existence of thistles, burdock, jimson weeds, ragweeds, milkweeds, poison ivy, poison oak, iron weeds, and all other noxious weeds and rank vegetation in excess of a height of 12 inches.
(J) 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.
(K) Trees and shrubbery obstructing streets and sidewalks. The growing and maintenance of trees with less than 14 feet clearance over streets or less than 8 feet over sidewalks, or the growing and maintenance of shrubbery in excess of 3 feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street.
(L) Keeping of animals. The keeping of cattle, poultry or other livestock within one hundred (100) feet of a dwelling other than the dwelling of the owner of the animal, or failure to keep the animal's pen, yard, lot or other enclosure in a sanitary condition and free from preventable offensive odors.
(M) Junk; scrap metal; motor vehicles. The storage of motor vehicles in an unlicensed condition, an uninsured condition or an otherwise 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.
(N) Placing or allowing to be placed non-approved furniture or appliances on the exterior, including porches, on any property within the city.
(1) For purposes of this division, “non-approved furniture” shall be any furniture other than the following:
(a) Common non-absorbent outdoor furniture;
(b) Any other furniture designed solely for outdoor use.
(2) The prohibition against non-approved furniture or appliances in this division shall not apply to furniture or appliances that are placed on a fully enclosed or screened-in porch.
(O) Noxious or unsightly growth. The existence of weeds, grasses, deleterious and unhealthful growth or other noxious or unsightly matter which has been allowed to grow unchecked or untended.
(P) Barbed or electric fences.
(1) Barbed wire fence. No person or entity shall, in any residential district within the city limits, install, construct, permit or maintain any fence composed in whole or in part, of barbed or razor wire or any similar material designed to cause injury to persons or animals.
(2) Electric fence. No person or entity shall, in any residential district within the city limits, install, construct, permit or maintain any fence composed in whole or in part, of any wire or other conductive material, which is charged with an electric current.
(3) Exceptions. The following listed types and uses of fencing are specifically exempted from this section and are declared not to be a public nuisance.
(a) Underground animal containment fences which require a "collar" for normal operation.
(b) Electric fences which a minimum of five (5) feet from the property boundary line and which are fully enclosed within another non-electric fence or containment such as a dog kennel.
(c) Barbed wire installed for security purposes which is a minimum of seven (7) feet above ground and attached on top of an otherwise approved fence.
(4) Special permits. Any person or entity aggrieved by this section may petition the Board of Zoning Adjustments for a special permit authorizing a specific and limited use of barbed wire or electric fencing. Upon a showing of convincing proof that a specific and well defined use of barbed wire or electric fence poses no danger or potential harm to the public whatsoever, then the BOZA, in its discretion may authorize the use of such fence, subject to any terms and restrictions as the BOZA may deem necessary. Such authorization shall be granted with extreme caution.
(Am. Ord. 2006-18, passed 11-13-06; Am. Ord. 2008-07, passed 6-23-08; Am. Ord. 2011-09B, passed 9-12-11; Am. Ord. 2015-001, passed 2-9-15) Penalty, see § 92.99