Section
96.01 Certain conditions declared a nuisance
96.02 Owner's duty to abate
96.03 Abatement procedure; notice; collection of cost
Cross-reference:
Abandoned vehicles declared a nuisance, see § 90.02
Buildings without fire lanes declared a nuisance, see § 93.43
Loud and continuing noises declared a nuisance, see § 95.01
Open burning creating a smoke nuisance, see §§ 93.070 et seq.
To the extent not previously declared to be a public nuisance in the code, the following conditions are hereby declared a public nuisance:
(A) Whenever grass, weeds or other vegetation growing on any property within the town corporate limits is eight inches or more in height and/or such growth endangers the health, safety and welfare of the citizens of the town or obstructs any pedestrian’s or motorist’s vision. The definition of weeds or vegetation under this section shall include, but not be limited to:
(1) Canada thistle (Cirsium arvense).
(2) Johnson grass and Sorghum album (Sorghum halepense).
(3) Bur cucumber (Sicyos angulatus).
(4) Shattercane (Sorghum bicolor (L.))
(5) Moench spp. drummondii (Steud.) deWet).
(6) Poison ivy.
(7) Poison sumac.
(8) Poison oak.
(9) Quackgrass (Elytrigia repens).
(10) Carolina horsenettle (Solanum carolinense).
(11) Cocklebur (Xanthium strumarium).
(12) Wild mustard (Brassica kaber var. pinnatifida).
(B) Whenever any grass, weeds or other vegetation is eight inches or more in height on any private property within ten feet of any municipal property or governmental easement or other right-of-way which, because of its size, location or other condition, interferes in any manner with the public safety or lawful use of such property, easement right-of-way.
(C) Whenever any tree, shrub, vine or plant may be standing adjacent to any public street, so as to obstruct thereby the vision of travelers along such street.
(D) Whenever any dead, decayed, broken or dangerous limbs overhang or are close to a public way.
(E) Whenever any tree or other vegetation may overhang the surface of a public way below a clear height or at least eight feet so as to interfere with the passage of light from the street lighting system or pedestrian traffic.
(F) Whenever a building or premises is not maintained in a clean, orderly or sanitary manner in compliance with any federal, state or local law, or regulation.
(G) Whenever any exterior property area is not maintained in a clean and sanitary condition, free from any accumulation of rubbish or garbage.
(H) Whenever any building or accessory structure is structurally unsound or otherwise unsafe and dangerous to life, limb or property.
(I) Whenever premises shall not be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.
(J) Whenever buildings shall not be kept free from insect and rodent infestations. Where insects and rodents are found, they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
(K) Whenever any property is abandoned, neglected, or disregarded so as to permit the same to be cluttered with an accumulation of litter or waste including but not limited to waste paper, rags, cans, bottles, boxes, lumber, metal, garbage, trash, disused or inoperable vehicles, trailers, machinery, appliances, or furniture thereon, unless specifically authorized by law.
(L) Whenever any storage of manure, odor or dust producing materials of any kind is allowed to occur within 50 feet of any adjoining lot line.
('80 Code, § 8.04.020) (Am. Ord. 1991-9, passed 6-14-91; Am. Ord. 2003-05, passed 6-11-03; Am. Ord. 2019-14, passed 9-9-19) Penalty, see § 10.99
All owners of real estate in the town shall be under a duty to remove or cause to be abated any public nuisance as defined herein. This duty shall also extend to the parkway or other strip of ground lying between private property and the curb or paved portion of the street.
('80 Code, § 8.04.010)
(A) With respect to any of the conditions set forth in § 96.01(A) through (E), the town may, in addition to the other penalties as set forth in this code of ordinances, require the removal of the nuisance. Specifically, the Clerk-Treasurer must provide a five-day written notice to remove the nuisance to be served by an officer of the Police Department upon the land owner if he is a resident or by registered mail addressed to the last known address if he is a nonresident.
(B) If the land owner fails to abate the nuisance within the time prescribed by the notice, the town may remove or cause to be abated the nuisance. The Clerk-Treasurer must make a certified statement of the actual costs incurred by the town with said statement being delivered to the property owner in same manner as prescribed above. If the land owner fails to pay the amount specified in this statement, within ten days after receiving statement, a certified copy of statement shall be filed in the office of the County Auditor. The Auditor shall place the amount claimed on the duplicate against the property and the amount shall be collected as taxes are collected and shall be disbursed to the general fund of the town.
('80 Code, § 8.04.030)