Section
Nuisances
93.001 Public nuisance
93.002 Public nuisances affecting health
93.003 Public nuisances affecting morals and decency
93.004 Public nuisances affecting peace and safety
93.005 Nuisance parking and storage
93.006 Inoperable motor vehicles
93.007 Building maintenance and appearance
93.008 Improperly maintained buildings and structures
93.009 Duties of city officers
93.010 Abatement
93.011 Recovery of cost
93.012 Disposition of property upon abatement
Weeds
93.025 Weed and grass elimination
93.026 Notice
93.027 Removal by city
External Solid Fuel-Fired Heating Devices
93.030 Applicability
93.031 Definitions
93.032 Requirements
93.033 Non-conforming use
Open Burning
93.040 Definitions
93.041 Burning organic matter permitted
Noises
93.055 Prohibiting unnecessary noises
93.056 Interpretation
93.057 Violations
Drug Labs and Chemical Dump Sites
93.070 General provisions
93.071 Disclaimer of liability
93.072 Fees
93.073 Definitions
93.074 Declaration of site and contents as a public health nuisance
93.075 Law enforcement action
93.076 Seizure of property
93.077 Action by City Council and/or Clerk-Treasurer
93.078 Site owner’s responsibility to act
93.079 Site owner’s responsibility for costs
93.080 City action and recovery of costs
93.081 Recovery of costs from persons causing damage
93.082 Site owners and address
93.083 Unauthorized removal of postings
93.084 Entry into or onto site
93.085 Removal of personal property from the site
93.086 Violations
Mobile Storage Containers
93.090 Purpose
93.091 Applicability
93.092 Definition
93.093 Requirements
Structures in Hazardous Condition
93.100 Hazardous buildings or hazardous properties prohibited
93.101 Notice to abate
Cross-reference:
Fire Prevention and Protection, see Chapter 95
NUISANCES
(A) Whoever by his or her act or failure to perform a legal duty does any of the following is guilty of maintaining a public nuisance:
(1) Creates, maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public;
(2) Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-way, or waters used by the public; or
(3) Is guilty of any other act or omission declared by law or this chapter or any other part of this code to be a public nuisance and for which no sentence is specifically provided.
(B) All such acts constitute misdemeanors, and shall be punished as misdemeanors, unless otherwise stated herein.
(C) The city may enforce this section by abatement as provided in this chapter. This subchapter is supplementary and shall not deprive the city of any of its powers with respect to nuisances and abatement thereof, whether derived from common law, statute, or ordinance. The City Council may at it option proceed under this section or any other law or ordinance.
(Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
The following are hereby declared to be nuisances affecting health:
(A) Exposed accumulation of decayed or unwholesome food or vegetable matter;
(B) All diseased animals running at large;
(C) All ponds or pools of stagnant water;
(D) Carcasses of animals not buried or destroyed within 24 hours after death;
(E) Accumulations of manure, refuse or other debris;
(F) Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors;
(G) The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances;
(H) All noxious weeds and other rank growths of vegetation upon public or private property;
(I) Dense smoke, noxious fumes, gas and soot, or cinders, as to render the occupancy of property uncomfortable to a person of ordinary sensibilities;
(J) All public exposure of people having a contagious disease; and
(K) Any offensive trade or business as defined by statute not operating under any required license.
(Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
The following are hereby declared to be nuisances affecting public morals and decency:
(A) All gambling devices, slot machines and punch boards, except as otherwise authorized by federal, state, or local law;
(B) Betting, bookmaking, and all apparatus used in those occupations;
(C) All houses kept or used for the purpose of prostitution, or unlawful gambling;
(D) All places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, people are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining that place;
(E) Any vehicle used for the unlawful transportation of intoxicating liquor, or for promiscuous sexual intercourse, or any other immoral or illegal purpose;
(F) Urination or defecation on any street, sidewalk, alley, public building or public facility, or any place open to the public, other than in properly functioning sanitary facilities, or exposed to the public view; and
(G) Public intoxication.
(Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
The following are declared to be nuisances affecting public peace and safety:
(A) All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall;
(B) All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection;
(C) All wires and limbs of trees which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
(D) All noise in violation of state noise standards;
(E) The discharging of the exhaust or permitting the discharging of the exhaust of any stationary internal combustion engine, motor boat, motor vehicle, motorcycle, all-terrain vehicle, snowmobile, or any recreational device except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations;
(F) Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds except under conditions as are permitted by this code or other applicable law;
(G) Radio aerials or television antennae erected or maintained in a dangerous manner;
(H) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk;
(I) All hanging signs, awnings, and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance;
(J) The allowing of rain water, ice, or snow to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk;
(K) Any barbed wire fence less than 6 feet above the ground and within 3 feet of a public sidewalk or way;
(L) Wastewater cast upon or permitted to flow upon streets or other public properties;
(M) Accumulations in the open of (i.e., not contained within a building or any fully enclosed fence) of any of the following items or any parts or accessories thereto:
(1) All dangerous unguarded machinery or component parts therefor, in any public place, or so situated or operated on private property as to attract the public;
(2) Garbage, trash, rubbish, bottles, cans, and any other refuse on any property, including large quantities of organic debris and materials that accumulated by other than natural means, except neatly maintained compost piles;
(3) Household furniture, appliances, or furnishings or component parts thereof;
(4) Any motor vehicle, which is inoperable, not currently licensed, or generally is not being driven;
(5) Items which are not generally or normally used on the particular premises;
(6) The accumulation of any piles of wood that are not:
(a) Neatly stacked; or
(b) Stacked or secured in a stable manner to avoid collapse
(7) Any other materials or items of any kind or nature which tend to harbor rats, mice, snakes, or vermin or are otherwise a potential fire, health, or safety hazard from such accumulations;
(8) (a) Construction materials, including piles of dirt, sand, sod, left in the open on property more than 60 days after construction has been completed or a certificate of occupancy has been issued, whichever occurs first;
(b) Accumulations of any items that tend to cause an unsightly appearance of the premises and that is visible by any member of the public who may be using their own property or public property, or which negatively impacts property in the vicinity.
(N) Any well, hole, or similar excavation which is left uncovered or in another condition as to constitute a hazard to any child or other person coming on the premises where it is located;
(O) Obstruction to the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other materials;
(P) The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over the substance;
(Q) The depositing of garbage or refuse on a public right-of-way or on adjacent private property;
(R) All other conditions or things which are likely to cause injury to the person or property of anyone;
(S) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel, and one footcandle when abutting any commercial or industrial parcel;
(T) Reflected glare or light from private exterior lighting exceeding 0.5 footcandles as measured on the property line of the property where the lighting is located when abutting any residential parcel and one footcandle when abutting any commercial or industrial parcel;
(U) To own or have control of property or a building thereon, which property or building has incomplete landscaping or exterior finish and for which no permit for construction work has been issued within the preceding 12 months;
(V) All buildings, walls or other structures which have been damaged by fire, decay or otherwise, and which are so situated as to endanger the safety of the public; and
(W) A structure, or a portion of a structure, located in a residential zoning district, if the exterior is not completed in accordance with city-approved construction plans within 180 days after the date the city building permit was issued, unless an extension is granted by the city.
(Ord. 2014-14, passed 12-1-2014)
Penalty, see § 10.99
(A) Declaration of nuisance. The outside parking and storage on residentially-zoned property of large numbers of vehicles, recreational vehicles, off-highway recreational vehicles, watercraft and vehicles, materials, supplies, or equipment not customarily used for residential purposes in violation of the requirements set forth below are declared to be public nuisances because they:
(1) Obstruct views on streets and private property;
(2) Create cluttered and otherwise unsightly areas;
(3) Prevent the full use of residential streets for residential parking;
(4) Introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited;
(5) Decrease adjoining landowners’ and occupants’ enjoyment of their property and neighborhood; and
(6) Otherwise adversely affect property values and neighborhood patterns.
(B) Unlawful parking and storage.
(1) A person must not place, store, or allow the placement or storage of non-permanent structures outside for longer than 24 hours in the front-yard area of residential property, except that vehicles, ice fish houses, or other recreational habitable vehicles are allowed provided they are placed on a parking area that is fully compliant with the city's Zoning Ordinances, Nuisance Ordinances, and all other provisions of the city's Municipal Code. Vehicles, ice fish houses, and other recreational habitable vehicles shall be stored, parked, or placed on a paved or gravel driveway. For the purposes of this section only, all properties, including riparian properties, the front yard shall be defined as that section of the yard which abuts the city street and continues to the front face of the primary structure.
(2) A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including all materials used in connection with a business, outside on residential property, unless shielded from public view by an opaque cover or fence.
(3) A person must not cause, undertake, permit, or allow the placement or existence of a dumpster outside on residential property unless it complies with the following requirements:
(a) A dumpster must be placed only on a paved or graveled parking or driveway area as far away from the public street as reasonably possible;
(b) A dumpster may not be on the paved portion of a public street;
(c) A dumpster may be used only in connection with construction activity that has been properly permitted by the city, in which case it may remain no longer than 180 days in any 12-month period, or the clean-up of property, in which case it may remain no longer than 30 days in any 12-month period;
(d) There can be no more than one dumpster per parcel; and
(e) A dumpster must be maintained in a reasonably sound condition, with no holes and little rust or peeling paint.
(4) A person must not cause, undertake, permit, or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements:
(a) No more than one recreational habitable vehicle (i.e. motorhome, camper, etc.) may be parked outside on 1 lot. Additional recreational vehicles may be temporarily parked for up to 6 months while marked for sale;
(b) Recreational vehicles, watercraft and/or recreational off-highway vehicles parked outside must be stored in an orderly manner to not receive complaint or detract from neighboring property values;
(c) Recreational vehicles, watercraft and/or recreational off-highway vehicles parked outside are considered accessory uses;
(d) Storage includes but is not limited to the outside storage of: recreational vehicles, watercraft, recreational off-highway vehicles, playhouses, portable storage sheds, playground equipment, cars. Outside storage is limited to the following max size depending on the formula below:
Lot Size (square footage) minus Principal Building and All Accessory Buildings, Decks, Patio (square footage) multiplied by 8% equals square footage allowed for storage. Minimum of 300 square feet and a maximum of 900 square feet allowed on a premises.
Example:
7,500 square foot property - (Principal Building 768 square feet + 1st floor addition (96 square feet) + Wood Deck (196 square feet) + Garage (720 square feet) = 5,720 square feet x 8%= 458 square feet for storage.
458 square feet is estimated to allow for: two cars stored outside (90 square feet each = 180 square feet) and a 35 foot camper (280 square feet).
(e) Vehicles that are parked or stored outside in the front-yard area must be on a paved or graveled parking or driveway area;
(f) Vehicles, watercraft, and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim the property as their legal residence will be considered residents on the property; and
(g) Vehicles, watercraft and other recreational vehicles or recreational off-highway vehicles parked or stored outside on residential property must be licensed and in operable condition.
(Ord. 2014-14, passed 12-1-2014; Am. Ord. 2020-02, passed 4-6-2020)
Penalty, see § 10.99
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