CHAPTER 93:  RIGHTS-OF-WAY
Section
   93.01   Definition
   93.02   Duty to maintain property and rights-of-way
   93.03   Debris and accumulated materials
   93.04   Obstructing traffic
   93.05   Violation
   93.06   Notice of existence of nuisance
   93.07   Exception for undue hardship
   93.08   Abatement by city
   93.09   Certification of abatement cost
   93.10   Appeal
 
   93.99   Penalty
§ 93.01  DEFINITION.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALLEY.  Regarding the duty to maintain an alley adjacent to a property, the term ALLEY shall be understood to mean one-half of the alley that is nearest to the property.
   NUISANCE. Any condition or use of premises or of building exteriors which interferes with public right-of-ways by physical deposition or visual obstruction, including, but not limited to:
      (1)   Fences or other structures on private property abutting the public right-of-way, which are severely sagging, leaning, fallen, or decayed, extending into the public right-of-way without being allowed by an encroachment permit or which is otherwise in an unsafe condition;
      (2)   The existence of any barbed wire or razor ribbon fences within four feet of any public sidewalk or public right-of-way and at a height of less than six feet from the ground level; or any wire, twine, or rope fences consisting of one or more strands, less than three feet in height and within three feet of any public sidewalk; or any electric fences or any fences or walls with pieces of glass or other sharp objects (not including barbed wire) embedded or affixed to the top thereof;
      (3)   The existence of any condition or use causing continuous or intermittent dense smoke, gas, soot, cinders, or other particulate matter to such a degree as to render the occupancy of surrounding properties uncomfortable to a person of ordinary sensibilities;
      (4)   The depositing of mud, dirt, sand, gravel, or concrete onto the public right-of-way. In the event that such material is deposited in the public right-of-way, the responsible party shall make every effort to ensure that the material does not flow into a public storm drain or watercourse and shall remove the material as quickly as is feasible, but in no event more than 48 hours from the time of depositing;
      (5)   The spilling of debris, including trash, paper, wood, plant cuttings, and other vegetation onto the public right-of-way;
      (6)   The existence of any condition or use which unlawfully obstructs the free passage or use in the customary manner of any navigable waterway or any public park, square, public right-of-way, roadway, lane, or sidewalk; and/or
      (7)   The removal of snow from public/private premises into the public roadways.
   RIGHT-OF-WAY.  The portion of land along the side of the roadway established for public use.
(Ord. 14-004, passed 5-15-2014)
§ 93.02  DUTY TO MAINTAIN PROPERTY AND RIGHTS-OF-WAY.
   It shall be the duty of every person owning, leasing, occupying, or having charge of any premises in the city to maintain adjacent public right-of-way, ditch, and alley adjacent to such premises in accordance with the provisions of this chapter.
(Ord. 14-004, passed 5-15-2014)
§ 93.03  DEBRIS AND ACCUMULATED MATERIALS.
   No person owning, leasing, occupying or having charge of any premises in the city shall keep or permit upon any alley, right-of-way, or ditch adjacent to such premises:
   (A)   Debris of any kind which creates a health, safety, or fire hazard or is so disorderly as to constitute an eyesore in view of residents or from any street;
   (B)   Heavy waste accumulations such as brick, lumber, broken concrete, dirt and plaster, sand or gravel, vehicle frames or parts, and other bulky heavy materials; and
   (C)   Waste oils or fluids from vehicles or garages.
(Ord. 14-004, passed 5-15-2014)
§ 93.04  OBSTRUCTING TRAFFIC.
   No person owning, leasing, occupying, or having charge of any premises in the city shall place or permit upon such premises any vehicle, building, fence, tree, vegetation, junk, or anything of any kind that obstructs the free passage or overhead clearance of vehicle or foot traffic upon any street, alley, or right-of way adjacent to such premises.
(Ord. 14-004, passed 5-15-2014)
§ 93.05  VIOLATION.
   It shall be a violation of this chapter and declared a public nuisance for any person who is the owner or occupant of any premises to allow or cause any nuisance to exist on such premises.
(Ord. 14-004, passed 5-15-2014)  Penalty, see § 93.99
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