The following acts when committed, or conditions when existing, are hereby defined and declared to be nuisances:
(a) An act done or committed, or aided, or assisted to be done or committed by any person, or any substances, being or thing kept, maintained, placed or found in or upon any public or private place, which is injurious or dangerous to the public health, safety or good order.
(b) All buildings, bridges or other structured of whatever character kept or maintained, or which are permitted by any person owning or having control thereof to be kept, or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.
(c) All trees and other appendages of or realty kept or maintained, or which has been permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.
(d) All ponds or pools of putrid or stagnant water and all foul or dirty water or liquid found, or discharged into or upon any street, public place or lot to the injury or annoyance of the public.
(e) All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public and all stones, rubbish, dirt, filth, or other articles thrown or placed by any person on or in any street, sidewalk or other public place, which in any way may cause any injury or annoyance to the public or which may be a hazard to the public health or safety.
(f) All sidewalks, gutters or curbstones permitted to remain in an unsafe condition, or out of repair.
(g) All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to permit issued by a competent authority.
(h) Any unclean, stinking, foul, defective or filthy drain pipe, tank or gutter, or any leaking or broken garbage bin or like receptacle.
(i) Any dirt gathered in cleaning yards, waste of factories or any rags, damaged merchandise, wet, broken or leaking containers, or any materials which are offensive, or tend to decay and become putrid, or render the atmosphere impure or unwholesome.
(j) Any business, trade or activity whereby loathsome stenches and odors or nauseous gases arise or are generated.
(k) Whenever in any cellar, basement or part thereof or any house or building there may be found water, occasioned by leakage from defective hydrants, water pipes, sewer pipes cisterns, wells, gutters, drains, running spouts or seepage from the surrounding earth, or whenever the walls of any cause named in this subsection, then such water, leakage, seepage or moisture shall be deemed a nuisance.
(l) Every act or thing done, or which may be permitted or allowed to continue by the owner, agent, assignee, occupant, or tenant of any premises of a property or structure, which act or thing done relates to the location, construction, repair, maintenance, use, emptying and cleaning of all water closets, privies, sinks, plumbing, drains, yards, lots, areaways, pens, stables, and other places where offensive, unsightly, unwholesome, objectionable, or dangerous substances or liquids are or may be accumulated, to the damage or injury of any of the inhabitants of the City of Marmet, not herein before specified.
(m) All open, unguarded or unprotected excavations, refrigerators with intact doors, swimming pools or buildings which, when abandoned or left open, or otherwise unprotected, will likely prove dangerous to life or limb, or abandoned, open, uncovered or otherwise unprotected wells, cesspools, cisterns or catch basins.
(n) All emissions of defense smoke from the smokestack of any stationary engine, steamroller, steam derrick, pile driver, tar kettle or other similar machine or contrivance, or from the smokestack or chimney of any building or premises, except for a period aggregating no more than seven (7) minutes in any one hour, during which period the fire box is being cleaned, or a new fire is being built therein. All emissions of dense, smoke from the stack of any locomotive for a period of more than seventy-five (75) seconds, except for a period aggregating no more than twelve (12) minutes in any one hour, during which period the fire box is being cleaned or a new fire is being built therein. For the purpose of grading the density of smoke, the Ringleman’s Smoke Chart, as published and used by the Federal Bureau of Mines, shall be the standard of comparison. Smoke shall be considered “dense” when it is greater than number 3 of such chart.
(o) All infected or infested bedding or clothes or any putrid or unsound meat, beef, pork, fish, hides, or skins of any kind, decayed vegetables/fruit or any other articles which are dangerous to the health of the inhabitants of the City.
(p) The storing or parking of any unlicensed automobile, or other type of vehicle on private or public property, fork trucks, small cranes, etc. which are not normally licensed are exempted, provided that they are able to do their respective tasks, otherwise, they are considered as a nuisance. This shall not apply where the vehicle is properly garaged, unless the storage in such garage violates other provisions of the City Code as to creating a condition which is unsafe, dangerous, unhealthy, injurious or annoying to the public.
(q) The storing of items on private or public property which are commonly referred to as “junk” or any discarded appliances or other items, unless they are stored in a proper building, and as to such, storage do not constitute a nuisance under the other provisions of the City Code.
The nuisances described in this section shall not be construed as exclusive, and any act of, commissions or omission, and any condition which constitutes a nuisance by statute or common law of the State of West Virginia when committed, omitted, or existing within the City is hereby declared to constitute a nuisance.