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(A) The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of § 93.01.
(1) All buildings erected, repaired, or altered within the city in violation of the provisions of the ordinances of the city relating to materials and manner of construction of buildings and structures.
(2) All unauthorized signs, signals, markings, or devices which purport to be or may be mistaken as official traffic-control devices placed or maintained upon or in view of any public highway or railway crossing.
(3) All trees, hedges, billboards, or other obstructions which prevent persons driving vehicles on public streets, alleys, or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
(4) Actions involving trees included in the following.
(a) It shall be unlawful for any person to plant, grow or maintain any shade tree or trees, which will obstruct the proper distribution of light from the street lamps now in use and hereinafter to be erected.
(b) All trees shall be trimmed so as to have a clear height of ten feet above the surface of sidewalks and 12 feet above the surface of the street or roadway, and the branches of all trees in front of and along lots or lands near which street lights are placed shall be trimmed so as not to obstruct the free passage of light from the street lights to the street and sidewalks.
(c) The Designated Department is authorized to give written notice by mail to property owners ordering them to trim trees so that the trees shall conform to the provisions of division (A)(4)(b) of this section.
(d) If the property owner fails to trim said trees as ordered, the Designated Department may cause the trees to be trimmed as ordered, and the cost thereof shall be a lien on such real estate and collectible in the same manner as assessments made for street improvements.
(e) Except as noted in the maintenance requirements above, no person shall cut, break, or injure the roots, body, limbs, or branches of a tree planted or growing in and upon the streets, alleys, avenues, public places, or parks within the city, or tack or post a notice or handbill or advertisement of any kind upon said trees, guards around the same, or do any other thing whereby the beauty or life of any tree or shrub may be marred, disfigured, or injured.
(5) Actions involving shrubbery and obstructions included in the following.
(a) On property at any corner formed by intersecting streets, it shall be unlawful to install, set out, or maintain, or to allow the installation, setting out, or maintenance of any sign, hedge, shrubbery, natural growth, or other obstruction to the view, higher than three feet above the level of the center of the adjacent intersection, within that triangular area between the property line and a diagonal line joining points on the property lines 25 feet from the point of their intersection, or in the case of rounded corners, the triangular area between the tangents to the curve and a diagonal line joining points on said tangent 25 feet from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve at the corner.
(b) Section 93.04 shall not apply to permanent buildings; public utility poles; trees trimmed to the trunk to a line at least 12 feet above the level of the intersection; saplings, or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed crossview; supporting members of appurtenances to permanent buildings existing on the date this chapter becomes effective; official warning signs or signals; to places where the contour of the ground is such that there can be no cross-visibility at the intersection; or to signs mounted ten feet or more above the ground and whose supports do not constitute an obstruction as defined in § 93.04.
(6) Actions involving street lawns included in the following: no person shall willfully, mischievously, or maliciously injure any lawn or the grade of such lawn upon any improved street within the city, or tramp or travel upon such lawn, or drive any horse or other animal, or run any vehicle upon the same, except at some street or alley crossing unless permission shall have been granted by Common Council to such person to use part of such lawn at a designated point.
(7) All buildings or structures so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use; or shall be an invitation to children and endanger the lives of such children, or which, because of its condition has become a fire hazard.
(8) All wires over streets, alleys, or public grounds which are strung less than 15 feet above the surface of the street or ground.
(9) All loud and discordant noises or vibrations in violation of § 93.22.
(10) All obstructions of streets, alleys, sidewalks, or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the city or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished.
(11) All open and unguarded pits, wells, excavations, or unused basements freely accessible from any public street, alley, or sidewalk.
(12) All abandoned refrigerators, iceboxes, or similar containers from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small child.
(13) Any unauthorized or unlawful use of property abutting on a public street, alley, or sidewalk or of a public street, alley, or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
(14) Any sign, marquee, or awning which is in an unsafe condition, or which overhangs any roadway, or which overhangs any sidewalk less than eight feet above the sidewalk surface.
(15) Any nuisance so defined by I.C. 32-30-6, et seq., and any other provisions of the Indiana statutes.
(B) Such nuisances shall be subject to abatement in accordance with § 93.07.
(Ord. 43-11-12, passed 11-27-12) Penalty, see § 93.99