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)