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§ 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
§ 93.06  NOTICE OF EXISTENCE OF NUISANCE.
   When the existence of a nuisance shall come to the attention of the Chief of Police, the Chief of Police or his or her designee shall issue a written notice to the owner of the property and/or the person in charge or in control of the premises, whether as owner, lessee, tenant, occupant, or otherwise, and said notice shall describe the conditions constituting the nuisance and require the abatement of the nuisance within seven days of delivery of such notice. If the owner of the property and/or person in charge or control of the premises cannot be found and served personally, said notice may be served by posting a copy conspicuously on the premises and by mailing a copy by certified mail to said person at an address reasonably believed to be accurate. In the event service of notice is made by posting and mailing, a period of ten business days from the date of posting and mailing shall be allowed for the abatement of the nuisance.
(Ord. 14-004, passed 5-15-2014)
§ 93.07  EXCEPTION FOR UNDUE HARDSHIP.
   The notice shall also inform the owner of the property and/or the person in charge or in control of the premises, whether as owner, lessee, tenant, occupant, or otherwise that, upon written request submitted within seven calendar days of the notice, the Chief of Police, in his or her sole discretion, may allow for a time limit in excess of seven days for correcting the violation in cases where strict enforcement of the time limit would result in an undue hardship. In the written request, the owner of the property and/or the person in charge or in control of the premises, whether as owner, lessee, tenant, occupant, or otherwise shall state the reasons why strict enforcement of the time limit would result in an undue hardship.
(Ord. 14-004, passed 5-15-2014)
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