§ 95.002  NUISANCES ENUMERATED.
   (A)   Offensive smells. The erecting, continuing or using any building or other place for the exercise of any trade, employment, or manufacture, which, by occasioning noxious exhalations, unreasonably offensive smells or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public;
   (B)   Filth or noisome substance. The causing or suffering any offal, filth or noisome substance to be collected or to remain in any place to the prejudice of others;
   (C)   Impeding passage of navigable river. The obstructing or impeding without legal authority the passage of any navigable river, harbor or collection of water;
   (D)   Water pollution. The corrupting or rendering unwholesome or impure the water of any river, stream or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others;
   (E)   Blocking public or private ways. The obstructing or encumbering by fences, buildings or otherwise the public roads, private ways, streets, alleys, commons, landing places or burying grounds.
   (F)   Houses of ill fame. A house kept for the purpose of prostitution and lewdness, gambling houses, places resorted to by persons participating in criminal gang activity prohibited by I.C.A. Ch. 723A, or places resorted to by persons using controlled substances, as defined in I.C.A. § 124.101, sub. 5, in violation of law, or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others;
   (G)   Billboards. Billboards, signboards and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof;
   (H)   Airport air space. Any object or structure hereafter erected within 1,000 feet of the limits of any municipal or regularly established airport or landing place, which may endanger or obstruct aerial navigation, including take-off and landing, unless such object or structure constitutes a proper use or enjoyment of the land on which the same is located;
   (I)   Storing of flammable junk. The depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of a city, unless in a building of fire-proof construction;
   (J)   Air pollution. The emission of dense smoke, noxious fumes or fly ash;
   (K)   Weeds, brush. Dense growth of all weeds, vines, brush or other vegetation so as to constitute a health, safety or fire hazard;
   (L)   Cotton bearing or diseased trees. Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees on private property; trees infected with Dutch elm disease or knowingly impacted or damaged by the emerald ash borer on private property;
   (M)   Grass and weeds. Allowing the growth of grass and weeds in excess of ten inches in height on a parcel or the adjacent public terrace, street shoulder or street-side ditches.  The following exceptions apply: 
      (1)   Land in an A-1 Agricultural Reserve District may have grass exceeding ten inches in height except within 100 feet of any parcel of real property possessed by another or on any portion of the property within 100 feet of a street owned or controlled by the city;
      (2)   Parcels which have no occupied structure may have grass exceeding ten inches in height except within 100 feet of any parcel of real property possessed by another or on any portion of the property within 100 feet of a street owned or controlled by the city;
      (3)   Recognized growing of agricultural products or the city flood control system;
      (4)   Woody perennials, purposefully planted, shall be permitted if they are planted and maintained in compliance with this code;
      (5)   Prairie grass areas, wild flower planting areas, natural reserve and preserve areas, urban wood lots, wildlife refuge and conservation areas, wetlands and natural water ways, all as recognized and identified by a governmental agency or a respected private conservation organization; and
      (6)   Publicly-owned open spaces, no mow meadows, and commercial developments maintaining prairie and pollinator habitat.
   (N)   Snow and ice accumulations. Snow and ice accumulations on sidewalks not removed within 24 hours after the precipitation has stopped;
   (O)   Containers. Refrigerators and freezers which are not stored under a roofed enclosure and which have doors that latched, lock or otherwise secure the door in a closed position;
   (P)   Water service deficiency. Any break or leak in the water service link between the city water main and any house or other building, when the break or leak results in the escape of such volume of water as to constitute a hazard to street, sidewalk or terrace construction or as to interfere with the normal use thereof;
   (Q)   Stables. The keeping or stabling of horses, mules or asses so as to cause obnoxious odors, noise, hazard, annoyances or danger because of failure of confinement;
   (R)   Stagnant water. The permitting of water to accumulate and stand until stagnant or upon any privately owned lot;
   (S)   Junk, refuse, garbage. The permitting of junk, refuse, garbage or filth to accumulate on any lot or parcel;
   (T)   Graffiti. All real property defaced by graffiti vandalism which is visible to public view;
   (U)   Junk or abandoned vehicles. The keeping or storing of a junk vehicle or salvage vehicle on public property or private property not in an enclosed area.  A JUNK OR SALVAGE VEHICLE is defined as having one or more of the following characteristics:
      (1)   Unlicensed: any vehicle not licensed for the current year as provided by law;
      (2)   Broken glass: any vehicle or part of a vehicle with a broken windshield or any other broken glass;
      (3)   Broken or loose parts: any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, wheel, steering wheel, trunk top or tailpipe;
      (4)   Missing engine or wheels: any vehicle which is lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable;
      (5)   Habitat for animals or insects: any vehicle or part of a vehicle which has become a habitat for rats, mice or snakes or any other vermin or insects;
      (6)   Defective or obsolete condition: any vehicle or part of a vehicle which, because of its defective or obsolete condition, constitutes a threat to the public health and safety; and
      (7)   Inoperable condition: any vehicle that is not capable of moving in both forward and reverse gears.
   (V)   Certain stopped or parked vehicles. Vehicles parked in a street, alley or highway for more than 24 consecutive hours, or found standing, parked or stopped in front of a theater, auditorium or hotel, on a sidewalk, in front of a public or private driveway or on the roadway side of any vehicle stopped or parked at the edge or curb of a street. This shall not apply to the following situations:
      (1)   A vehicle owned by a person serving in the United States armed services; and
      (2)   Motor vehicle junkyards that are duly licensed under provisions of this code or other city ordinances.
   (W)   Dangerous or unsafe building or structure. A DANGEROUS OR UNSAFE BUILDING OR STRUCTURE shall mean any structure or building meeting any or all of the following conditions or defects provided that such conditions or defect exist to the extent that the life, health, property or safety of the public or its occupants are endangered whenever:
      (1)   Any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged or to collapse and thereby injure persons or damage property;
      (2)   Any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
      (3)   The building or structure or any portion thereof, because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundations; or any other cause is likely to partially or completely collapse;
      (4)   For any reason the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is being used;
      (5)   The exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
      (6)   The building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children or a harbor for vagrants, criminals or immoral persons or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
      (7)   A building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease;
      (8)   Any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause is determined by the Fire Marshal to be a fire hazard; and/or
      (9)   Any portion of a building or structure remains on a site after the demolition or destruction of the building or structure, or any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(2013 Code, § 21-62)  (Ord. 14959, passed 3-13-2017)