(a) Article Supplemental to Other Provisions. Various nuisances are defined and prohibited in other sections of this Code, and it is the intent of Council in enacting this article to make it supplemental to those other sections in which nuisances are defined and prohibited; and the provisions of this article relating to the abatement of nuisances shall be regarded as alternative methods and procedures for the abatement of nuisances in those instances where other methods and procedures for abatement are provided.
(b) Nuisances Prohibited Within City. It shall be unlawful, and it is hereby prohibited, for any person to cause, harbor, commit or maintain, or to suffer to be caused, harbored, committed or maintained, any nuisance as defined by the statute or common law of the state or as defined by this Code or other ordinance of the City at any place within the City.
(8-4-86.)
(c) Certain Nuisance Enumerated. The following acts when committed, or conditions when existing, within the City are hereby and declared to be nuisances:
(1) An act done or committed or aided or assisted to be done or committed by any person, or any substance, 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 or safety.
(2) All buildings, bridges or other structures, of whatever character, kept or maintained or which are permitted by any person owning or having control thereof to kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.
(3) All trees and other appendages of or to realty kept, 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.
(4) All ponds or pools of stagnant water, and all foul or dirty water or liquid when discharged through any drain, pipe or spout, or thrown into or upon any street, public place or lot to the injury or annoyance of the public.
(5) All obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, and all stones, rubbish, dirt, filth, slops, vegetable matter 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.
(6) All sidewalks, gutters or curbstones permitted to remain in an unsafe condition or out of repair.
(7) All stables, cattle yards, hog, sheep or cow pens or yards or structures for poultry, permitted by the owner thereof or the person responsible therefor to be harboring or breeding places for rodents or otherwise to be in such a condition as to become offensive, annoying or injurious to the public or to persons in the neighborhood thereof.
(8) All houses or buildings used for special storage of powder, dynamite or other explosive substances, except those maintained pursuant to a permit issued by competent authority.
(9) All septic tanks, privies, cesspools and privy vaults of a type prohibited by state law or by rules and regulations promulgated by authority of state law, or which are maintained in any manner contrary to state law or rules and regulations promulgated by authority of state law, or which otherwise constitute a menace to the health of, or are offensive to, persons in the neighborhood thereof.
(10) Such weeds, grass, or deleterious or unhealthful growths or other noxious matter found growing, lying or located on an owner’s property, or upon the sidewalk abutting the same.
(8-15-61; 8-4-86.)
(8-15-61; 8-4-86.)
(11) The exploration, extraction, production, development, mining, leasing and/or drilling for oil, gas, or other hydrocarbon substances or the conduction of any other operations, including fracturing or re-fracturing wells, installation and maintenance of any production equipment and appurtenant structures or machinery proposed or intended to be used for or in connection with the production of oil and gas on any private or public property within the corporate limits is strictly prohibited and shall constitute a public nuisance. (Passed 8-16-11.)
Provided, that silica sand and other like minerals may be explored for, extracted, produced and developed from the confines of the Ohio River and its basin, so long as the same is conducted in accordance with applicable provisions of the laws, statutes and regulations of the United States of America and the state.
(12) The nuisances described in this section shall not be construed as exclusive, and any act of commission or omission and any conditions which constitutes a nuisance by statute or common law of the state, when committed, omitted or existing within the city limits, is hereby declared to constitute a nuisance.
(8-5-15, 8-4-86.)
(d) Responsibility of Property Owners, Occupants and Others. Each owner, lessee, tenant, occupant or person in charge of any real property within the City, and each agent or representative of any such person, is hereby charged with responsibility for the maintenance and use of such real property in such manner that no use of, or activity or condition upon or within, such real property shall constitute a nuisance; and all such persons are hereby charged with the duty of observing all of the provisions of this chapter, but such responsibility shall not be construed to permit any other person not charged with such responsibility to commit or maintain any nuisance upon or within any real property in the City.