The City of Nauvoo declares certain acts and omissions to constitute nuisances and violations of this Code, including those acts or omissions that are declared to be nuisances by the laws of the State of Illinois, those that are known common law nuisances, those that are nuisances in fact, and those listed below:
A. Unsafe/Unsightly Structures: To maintain any building, structure, street, sign, or billboard in an unsafe, hazardous, or unsightly condition, including, but not limited to, allowing unpainted or rotted materials to remain on a building, allowing a building to have a roof that is unable to withstand a normal load, and allowing a building with uncovered windows or an uncovered foundation.
B. Odors: To engage in any activity that causes or produces unreasonably offensive odors, except to the extent that those activities are carried on in the public interest.
C. Putrid Substances: To maintain or permit any substance on the premises that is, or may become, putrid or create an unhealthy condition.
D. Noises: To cause or allow unreasonably loud noises tending to cause alarm or to disturb the public peace and quiet.
E. Licenses: To fail or refuse to obtain and possess any license required by this Code or other ordinance of the City.
F. Continuing Violations Of This Code: To continue to do any act(s) or omission(s) that constitutes a violation of this Code or other ordinances of the City.
G. Attractive Nuisances: For the owner or occupant of any premises to create, maintain, or suffer an attractive nuisance to remain on the premises.
H. Unhealthy Conditions: To create, allow, maintain, or permit any condition that may endanger the public health, including, but not limited to, keeping brush piles, storing unrimmed tires and uncovered containers, and allowing stagnant water in a pool or pond.
I. Encroachments: To cause, allow, permit, or suffer any encroachments upon public ways or upon public grounds without obtaining a permit for that encroachment.
J. Violation Of Technical Codes: To cause, allow, permit, or suffer the violation of the City's Building Code, Electrical Code, Fire Prevention Code, Heating and Air Conditioning Code, Plumbing Code, or any other technical code adopted by any provision of this Code or any other City ordinance.
K. Abandoned Refrigerators: To leave or permit standing outside of any structure, or within any abandoned structure, in a place accessible to children, any abandoned, unattended, or discarded icebox, refrigerator, or other container which has an airtight door or a lid with a snap lock or other locking device which cannot be released from the inside; except that it shall not be a nuisance under this subsection if the door is first removed from that container.
L. Littering: To allow, suffer, permit, or cause to be dropped, thrown, discarded, placed, or deposited on any public way or public place, or on any private property when public property may be affected thereby, any paper, glass, plastic, wood, metal, solid or liquid vegetable or animal compound, rubbish, garbage, waste, effluent, junk, debris, litter, solid, or any combination of them, except in a refuse receptacle or landfill site of the City.
M. Construction And Heavy Equipment Noise: To allow, suffer, permit or cause to be operated or otherwise engaged vehicles licensed by the State of Illinois or another state as a second division truck exceeding a gross vehicle weight of thirty thousand (30,000) pounds or unlicensed motor vehicles used in the construction industry and commonly referred to as heavy construction equipment (including, but not limited to, road graders, backhoes, steamrollers and cranes) for the purpose of making commercial deliveries or engaging in building construction, other construction, or making commercial pickups, such as refuse collections, at any location within five hundred feet (500') of a residential use, before six o'clock (6:00) A.M. on any day and after nine o'clock (9:00) P.M. on any day; however, this prohibition shall not apply in cases where a repair is immediately required for the protection of life or property. Nothing herein is intended to prohibit mere travel of legally authorized vehicles upon the streets of the City.
N. Graffiti:
1. Graffiti shall be defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture, or letter placed upon the real or personal property of an owner without the owner's express, written permission; however, it shall not be a defense that the owner or occupant has given permission for this graffiti if the graffiti tends to incite violence.
2. It shall be unlawful for any person to place graffiti upon another's real or personal, public or private, property.
3. It shall be unlawful for the owner and/or occupant of fixed real or personal property located within the public view to place, or give permission to place, graffiti, as otherwise defined in subsection N1 of this section, on said real or personal property if the graffiti tends to incite violence by referring to gang or criminal activity, by depicting or expressing obscenity, or by containing defamatory material about a public or private person, except as otherwise allowed by law.
4. It shall be unlawful for any person to possess, while in any public building or facility, or while on private property, any of the following materials which have been, or will be, used to violate subsection N2 or N3 of this section: spray paint containers, paint, ink, marking pens containing non-water soluble fluid, brushes, applicators, or other materials for marking, scratching, or etching.
5. Upon being notified in writing by the City, the property owner upon whose property graffiti has been illegally placed shall remove the graffiti within fifteen (15) days of the date of notice. The property owner may submit a written request to the Chief of Police or the Nuisance Committee, requesting an extension of the removal date and stating the reason for noncompliance (such as inclement weather conditions or physical inability to perform the removal). The property owner also may request the City's assistance in removing the graffiti if the owner is physically unable to perform the removal. The granting of an extension is at the discretion of the City. If a property owner fails to remove the graffiti within the original deadline, or within any extended period granted by the City, the City shall cause the summary abatement of this nuisance as prescribed in this chapter, and all costs shall be assessed to the owner. The penalty for the offense of failure to remove graffiti may include a fine of up to one hundred dollars ($100.00) for each offense; each day after the compliance date shall be considered a separate offense.
6. The penalty for violating subsection N2 of this section shall be a fine of at least fifty dollars ($50.00) but not more than seven hundred fifty dollars ($750.00); in addition, the offender also may have to pay restitution to the property owner for the costs of restoring the property to its condition before the graffiti was applied.
7. The penalty for violating subsection N3 of this section shall consist of a fine of at least fifty dollars ($50.00) but not more than seven hundred fifty dollars ($750.00) for each offense; a separate offense shall be deemed committed on each day that a violation occurs or continues.
8. The penalty for violating subsection N4 of this section shall be a fine of at least fifty dollars ($50.00) but not more than seven hundred fifty dollars ($750.00).
9. Public service work, including, but not limited to, cleaning graffiti at locations within the City of Nauvoo may be required for persons convicted by a court of violating subsection N2, N3, or N4 of this section, either in addition to, or in lieu of, the fines or penalties prescribed in subsections N6, N7, and N8 of this section.
O. Barbed Wire: To construct, create, allow, maintain or permit within the City a fence or barrier consisting or made of barbed wire or of which barbed wire is a part, unless the barbed wire commences at least eight feet (8') above the ground, unless the fence or barrier is used for containment of farm land.
P. Burning Garbage And Household Waste: To burn garbage and household waste within the City limits at any time. "Garbage and household waste" includes all solid waste and refuse products or materials generated by any household (for example, materials generated from cooking or preparing food or from cleaning, painting and other household activities). However, this subsection does not prohibit campfires and fires used for cooking purposes within the City limits or any hog roast or wiener roast held within the City limits, unless a "no burn order" is in effect.
Q. Burning Landscape Waste: To burn wet landscape waste (grass clippings, weeds, leaves, etc.) at any time; to burn dry landscape waste and cardboard outside the allowable hours of eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M.; to burn any materials within two (2) blocks of any school during regular school hours and while school is in session; and to burn any materials while a "no burn order" is in effect. All burn piles shall be continually monitored; water or other fire extinguishing equipment must be readily available at the burn site; and all fires shall be extinguished and not allowed to smolder beyond the allowable burning hours. (Ord. 2013-5, 12-10-2013)