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For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"DILAPIDATED ITEM." Any item in a state of disrepair, junk, a dismantled or stripped vehicle, or parts, and/or any item which is damaged, in a state of decay or ruin, or unable to be reasonably used for its intended purpose without substantial repair or restoration. This definition includes, but is not limited to, any motor vehicle, boat, equipment, home appliance. sporting equipment, playground equipment, toy, and furniture or part that is in a dilapidated or inoperable condition and which is left in such condition continuously for more than seven (7) consecutive days.
"DISCARDED ITEM." Any item which is cast off, set aside as having no particular use and, includes, but is not limited to, motor vehicles, auto body parts, tires, boats, home appliances and furniture in a dilapidated or apparently inoperable condition and/or any item left in open storage or discarded or stacked on private property continuously for more than seven (7) consecutive days.
"GARBAGE." Any discarded material or anything thrown away or rejected as worthless or useless. It shall include, but not be limited to, all unclean material that is discarded and constitutes a potential menace to the public health and welfare or obstructs any public thoroughfares and the by- product of animal or vegetable foodstuffs resulting from the handling, preparation, cooking and consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as breeding or feeding material for flies, insects or animals or vermin of any type.
"JUNK." Any item, including, but not limited to, deteriorated furniture, abandoned, discarded or unused appliances, junk machinery and/or parts, storage tanks, dumpsters, refuse or trash containers not being served by the city garbage collection contractor, equipment, building material, junk motor vehicles or vehicle parts, tires, old toys, or other items which are either wholly or partially rusted, faded, wrecked, junked, dismantled or in inoperative condition. JUNK shall also include, but not be limited to, wrecked automobiles, scrap iron or metals, old furniture, old metal or plastic parts no longer used, paper, rags, plastic containers or totes or cardboard boxes stacked on porches or other areas of property such as sides of houses, against outside fencing etc., bottles and other debris. JUNK shall be viewed from the totality of the circumstances.
"PUBLIC NUISANCE." With regard to property, anything, including, but not limited to, dilapidated items, discarded items, garbage, junk, rubbish, seasonal items, excessive amounts of compost, offensive odor causing substances or emissions, or other items or situations that, because of its/their condition or circumstance is unsafe, unsanitacy, unsightly, especially liable to fire loss, unfit or unsafe for human habitation, or occupancy or use, a haven for insects, snakes, spiders, rodents or vermin, or is dangerous or injurious to the health or safety of the occupants, neighboring occupants or any other individuals constitutes a public nuisance.
"RUBBISH." Combustible and noncombustible waste materials, except garbage; the term shall include, but not be limited to, the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. International Property Maintenance Code latest edition, Section 202.
"SEASONAL ITEMS." Seasonal items shall be viewed from the totality of the circumstances and their relationship to the health, safety and welfare of the occupants and shall include, but not be limited to, collections of decoys such as deer, turkey or duck decoys outside the house in plain sight, except in fish and wildlife approved hunting seasons; dead plants left in pots in plain sight, stacked empty flower pots viewable from the street, holiday materials of any type remaining outside the home for more than forty-five (45) days after the appropriate holiday season, old canning jars or canning equipment stacked in boxes in the yard in plain sight, and any other items that attract insects, rodents, vermin, spiders or other pestilence that could pose a safety hazard to the occupants or the neighbors.
(Ord. 2020-1804, passed 11-12-20)
Public nuisances have the potential to create environments which annoy, injure or endanger the comfort, health or safety of the public. Public nuisances potentially hinder neighborhood development and diminish property values. The city desires to promote its neighborhoods, to protect the health, safety and welfare of its neighborhoods, and to ensure that property is maintained in accordance with this property maintenance code and city ordinances. For the purpose of this section, it shall not be essential that the nuisance be created or contributed to by the owner, occupant or persons having control or management of the property or premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but by the exercise of reasonable care ought to have become aware. For the purposes of enforcement, the totality of the circumstances shall be taken into consideration.
(Ord. 2020-1804, passed 11-12-20)
It shall be unlawful to place, leave, deposit or keep discarded and/or dilapidated items, discarded items, garbage, junk, rubbish, seasonal items out of season, excessive compost piles, noxious odor causing substances and/or overgrown weeds, vines, noxious plants or stagnant water on any private or public property in the city. Such dilapidated items, discarded items, garbage, junk, rubbish, seasonal items out of season, excessive compost piles, noxious odor causing substances and/or overgrown weeds, vines, noxious plants or stagnant water are declared to be a public nuisance. No person owning, leasing, occupying or having charge of any property or premises shall maintain or keep any nuisance thereon nor shall any such person keep or maintain such property or premises in a manner which could cause substantial diminution in the value of the other property in the neighborhood in which such property or premises is located.
(Ord. 2020-1804, passed 11-12-20)
(A) No person shall place, throw, deposit, or allow to accumulate or grow or cause to be erected or placed on any street, alley, sidewalk, gutter, storm sewer, public or private drainage ditch or drainage structure or any other public right-of-way, easement or public property, any building, brick, stone or concrete mailbox, column, rubbish, garbage, construction or demolition debris, landscaping debris, furniture, signs, large rocks or boulders, fences, posts, stakes, weeds, leaves, inoperable or unlicensed motor vehicle, junk or scrap metal as hereinabove declared to be a public nuisance, abandoned property or any other obstruction or encroachment of any nature and any other materials which may do injury to any person, animal or property, including any person traveling on the street, alleyway, sidewalk, or other public property, except for premises authorized by the city for such purposes. The presence of such items, liquids, substances or debris in or upon any street, alleyway, sidewalk, gutter, storm sewer, public or private drainage ditch or any public right-of- way or easement or property shall constitute a nuisance and a violation of this section.
(B) In addition to any other remedies in this chapter, any materials in violation of this section found on city property, including but not limited to streets, sidewalks, public ways, private or public drainage areas and other public property including rights- of-way, may be removed immediately by the city with or without notice to the property owner and a special fee of thirty-five dollars ($35) shall be charged to the property owner.
(Ord. 2020-1804, passed 11-12-20)
Cross-reference:
Streets and sidewalks, see Ch. 95
(A) Responsibility of owners. It shall be the responsibility of all property owners to maintain their property in a manner consistent with the standards and definitions provided in this chapter to prevent it from being declared a public nuisance. Passive maintenance of the right-of- way, including mowing and trimming, and erosion prevention and sowing of grass is the responsibility of the homeowner and/or lot owner by undertaking routine actions normally associated with yard or property upkeep. No property owner within the city shall maintain a property that is in imminent danger of becoming a fire or other hazard or is manifestly unsafe or unsecure so as to pose an imminent threat or danger to life, limb or property. Prior to certain conditions being declared as a public nuisance, a Code Enforcement Officer or his or her representative, shall attempt to contact the owner to schedule a meeting to discuss the property standards required and how to achieve those standards. Contact shall be made by the Code Enforcement Officer either in person, telephonically or via written correspondence to the last known address of owner. In the event the Code Enforcement Officer, despite his or her best efforts, is unable to locate an owner. a public notice shall be posted on the property stating that the owner shall have fifteen (15) days to make contact With the Code Enforcement Officer regarding the public nuisance violation. In the event no contact is made by owner or his or her representative, the Code Enforcement Officer may, at his or her sole discretion, proceed with issuing a notice of violation.
(B) Applicability. This section applies to all property in the city and to every owner of property in the city. The property owner shall be responsible for ensuring that he or she meets the requirements set forth in § 158.15
in order to protect the health, welfare and safety of the citizens of the city and to prevent the development of any public nuisances thereon.
(C) Declaration of public nuisance. Any property which fails to comply with the standards set forth in this chapter may be declared a public nuisance and the owner of the property shall be subject to the provisions and penalties set forth herein. Any property that has unsanitary sewage or plumbing facilities, is unsafe for human habitation, is unsanitary, littered with rubbish, garbage, junk seasonal items out of season, dilapidated items, discarded items, excessive compost, nauseous or noxious odor causing substances, or other conditions as described in § 158.15 or has uncontrolled weeds growing on it, or is in imminent danger of becoming a fire or other hazard, or is manifestly unsafe or unsecure so as to pose an imminent threat or danger to life, limb or property shall constitute and is hereby declared a public nuisance.
(Ord. 2020-1804, passed 11-12-20)
Cross-reference:
Code enforcement, see Ch. 40
Streets and sidewalks, see Ch. 95
It shall be unlawful for the owner, occupant or person having control or management of any public or private land or property within the city to permit a public nuisance to develop thereon. Public nuisances may further be described in the conditions listed below to be read with § 158.10 and include, but are not limited to, the following:
(A) The accumulation or open storage of any type of nuisances on public or private property, including, but not limited to, junk, dilapidated items, attractive nuisances, scrap, metals, rubbish, discarded items, seasonal items out of season, substances causing noxious or nauseous odors, excessive compost piles or containers, etc. as described in § 158.10
(B) Accumulation of construction, demolition, landscaping debris or other waste materials. All exterior premises shall be free from any accumulation of combustible and noncombustible waste materials, including any material resulting from maintenance, demolition, repair, alteration or construction of buildings, structures, or grounds, or landscaping or natural damage of grounds, including but not limited to, ashes, stones, glass, concrete, fallen trees, tree branches, brush and yard trimmings;
(C) Exterior use or storage of indoor furniture. The use or storage of furniture which is upholstered or not designed for outdoor use in an uncovered or exposed area in which it is likely to decay, decompose or retain moisture, causing mold, mildew or another health hazard;
(D) Compost piles. All compost shall be contained in compost bins and all material in the bin shall originate from the property where it is located. Compost bins must not exceed one hundred and twenty-five (125) cubic feet and must be made of permanent materials, including but not limited to, wood, fiberglass, wire or metal. Compost bins should be constructed to prevent the harborage of rodents, vermin, spiders, and insects and to mitigate noxious odors. Compost bins are not allowed in the front or side yards and must be at least five (5) feet from the property line with a maximum of three (3) bins per residence;
(E) Nauseous substances or odors. The permitting of any offal, manure of any type, rubbish or filth, decaying animal or vegetable matter, excessive animal excrement or any foul or nauseous substance, or nauseous or offensive odor to be emitted or co be discharged out of or flow from the premises;
(F) Obstructions of storm water and drainage facilities. The permitting of any limbs, leaves, grass clippings or other objects to be placed in a manner that interferes with the use or maintenance of any storm water and drainage facilities;
(G) Dilapidated structures. All walls, fences, buildings and other structures, including. but not limited to, greenhouses, smokehouses, storage buildings, antennas, retaining walls, mailboxes and gazebos, which have been damaged by fire, decay, wind or otherwise and which are in a state of dilapidation, deterioration or decay so as not to provide shelter, storage capabilities, sufficient sewer, plumbing, electrical or heating facilities or which are unsound or in danger of collapse or failure and which are a danger to the safety of property owners, visitors and the public or which are vacant or abandoned and open or accessible to vagrants or passersby or which are otherwise built, erected or maintained in violation of any ordinance are a public nuisance. All fences and walls shall be structurally sound and maintained in good repair. Repair of fences and walls shall be made with materials comparable in composition, color, size, shape, design and quality to those originally used to construct the fence or wall being repaired. Materials for new fencing or wall construction shall be insect and/or weather resistant or have protective treatment applied soon after the construction or repair is completed. Materials such as pallets, slabs or similar materials are not an acceptable construction material;
(H) Graffiti. The unauthorized and illicit marking of any space visible to the public by scribbled, sprayed or scratched inscriptions or the allowance of any inscription, drawing or design that is scratched, painted, sprayed or placed on any surface or structure which have no redeeming artistic, moral or social value;
(I) Hoarding of materials. The accumulation of materials, including, but not limited to, trash, food, newspapers, magazines, old clothes, old toys, containers, plastic or glass, old boxes, and other items that create a fire or health hazard that can cause disease, contribute to mice, rats, snakes, vermin and/or insect infestations, affect occupants of the house or building, neighbors, public safety personnel and the general public, or violate any other city safety code;
(J) Hoarding of pet animals. The keeping of more pet animals than can be properly maintained in a healthy condition without presenting a health or safety hazard to the owners or others and without constituting a nuisance to the occupants of neighboring properties, characterized by failure to provide proper shelter, food, water, veterinary care, and sanitation to the animals and resulting in squalid living conditions for the animals and the keeper and by complaints from neighbors including, but not limited to, mistreatment or neglected animals, noise, stench from the property, and rodent, snake, vermin and/or insect infestations;
(K) Attractive nuisances. The allowing of any phvsical condition, use or occupancy of any premises or property to be an attractive nuisance to children or pets, including, but not limited to, abandoned wells, shafts, standing pools of water, abandoned swimming pools, basements, excavations, retaining walls, stacks of bags, containers, etc., unsafe fences, and abandoned refrigerators, freezers, ice chests, ice boxes or similar airtight boxes or containers which have a locking device inoperable from within;
(L) Parking in yards. The parking or storage or allowing another to park or store a motor vehicle in the front or side or rear yard of any property upon any surface other than an improved parking surface for greater than an eight (8) hour period. For the purposes of this section, MOTOR VEHICLE is defined as a licensed means of motorized transportation for the movement of people and goods along public roadways including, but not limited to, cars, trucks, vans, SUVs, RVs, tractors and equipment, and motorcycles;
(M) Obstructions over streets. All hanging signs, awnings, canopies, wires and other similar structures over streets or sidewalks so situated or constructed as to endanger public safety or to be contrary to ordinance, unless approved by the City Engineer and Planner;
(N) Stagnant water. Any stagnant water, including, but not limited to, that which is from old tires or unused containers, puddles or unkempt fish ponds, in which mosquitoes, flies, or other insects can multiply;
(O) Seasonal items. The parking or storage of seasonal items such as defined in § 158.10
in front or side or rear yard of any property {or business not associated with the seasonal items), upon any surface other than an improved parking surface; and
(P) Tires. The outdoor storage of tires, either new or used, within the city limits, except on premises authorized by the city for such purposes.
(Ord. 2020-1804, passed 11-12-20)
(A) Enforcement proceedings for this chapter shall be initiated by the issuance of a notice of violation or a citation by a Code Enforcement Officer as set forth in Chapter 40: Code Enforcement of this code. The Code Enforcement Officer is authorized to abate any ,violations of this chapter upon final order of the Code Enforcement Board.
(B) If a potential violator, owner, operator, occupant or agent fails to comply with the requirements of any notice issued pursuant to this chapter or Chapter 40: Code Enforcement, the city, through a Code Enforcement Officer, may remove or abate the conditions creating the violation described in the written notice, and the costs of such removal or abatement shall become the personal liability of the owner or owners of the affected property, and shall constitute a lien against the real property upon which such cost was incurred as set forth in Chapter 40: Code Enforcement.
(C) Enforcement proceedings invo1ving property maintenance and public nuisances shall proceed as set forth in Chapter 40: Code Enforcement.
(Ord. 2020-1804, passed 1-12-20)
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