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The following are hereby declared to be nuisances affecting public safety which may be abated as provided in this chapter:
A. Hazard: No person shall create a hazard by:
1. Maintaining or leaving, in a place accessible to children, a container with a compartment of more than one and one-half (11/2) cubic feet capacity and a door or lid that locks or fastens automatically when closed and that cannot be easily opened from the inside.
2. Being the owner or otherwise having possession of property on which there is a well, cistern, cesspool, excavation, or other hole of a depth of four feet (4') or more and a top width of twelve inches (12") or more and failing to cover or fence it with a suitable protective construction.
3. This subsection does not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.
B. Attractive Nuisances: No owner or person in charge of property shall permit on the property:
1. Unguarded machinery, equipment, or other devices that are attractive, dangerous, and accessible to children.
2. Lumber, logs, or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children.
3. This section does not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.
C. Noxious Vegetation:
1. The term "noxious vegetation" includes:
a. Weeds more than ten inches (10") high.
b. Grass more than ten inches (10") high, other than ornamental grasses.
c. Poison oak.
d. Poison ivy.
e. Koshia weeds.
f. Vegetation that is:
(1) A health hazard.
(2) A fire hazard because it is near other combustibles.
(3) A traffic hazard because it impairs the view of the public thoroughfare or otherwise makes use of the thoroughfare hazardous.
2. No owner or person in charge of property shall allow noxious vegetation to be on the property or in the right of way of a public thoroughfare abutting on the property. An owner or person in charge of property shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly, from becoming a fire hazard, or, in the case of weeds or other noxious vegetation, from maturing or from going to seed.
3. Upon the city manager's determination that a noxious vegetation nuisance exists, the city manager may provide a notice to abate by registered or certified mail to the person responsible at the person's last known address. The notice to abate shall contain:
a. A description of the real property, by street address or otherwise, on which the noxious vegetation nuisance exists.
b. A direction to abate the nuisance within ten (10) days from the date of the notice.
c. A description of the nuisance.
d. A statement that, unless the nuisance is removed, the city may abate the nuisance, and the cost of the abatement will be charged to the person responsible.
e. A statement that failure to abate a nuisance may warrant imposition of a fine.
f. A statement that the person responsible may protest the order to abate by giving notice to the city manager within ten (10) days from the date of the notice.
g. If the person responsible is not the owner, an additional notice shall be sent to the owner, stating the cost of abatement not paid by the person responsible may be assessed to and become a lien on the property.
h. An error in the name or address of the person responsible shall not make the notice void.
4. If the notice provided for in subsection C3 of this section is used, it shall be in lieu of the notice required by subsection 4-1-8A of this chapter.
D. Scattering Rubbish: No person shall deposit on public or private property rubbish, trash, leaves, debris, refuse, or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal, or vehicle traveling on a public way.
1. No owner or person in charge of property that abuts an alley, street, or public sidewalk shall permit trees or bushes on the property to interfere with alley, street or sidewalk traffic. An owner or person in charge of property that abuts an alley, street, or public sidewalk shall keep all trees and bushes on the premises, including the adjoining parking strip, trimmed so that any overhanging portions are at least eight feet (8') above the sidewalk and at least twelve feet (12') above the roadway or alley.
2. No owner or person in charge of property shall allow a dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near the property.
F. Unreasonable Noise: No person shall allow, cause, create, or permit the continuance of unreasonable noise or annoying vibrations. The following enumerated noises are not exclusive but illustrative of unreasonable noises:
1. The use of an engine, machine or device which is so loaded, out of repair or operated in such a manner as to create a loud or unreasonable grating, grinding, rattling, or other noise.
2. The use of a mechanical device operated by compressed air, steam or otherwise, unless the noise created is muffled.
3. The construction, including excavation, demolition, alteration, or repair of a building, vehicle, or equipment between the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. A resident is bound by the provisions of this subsection, except that: a resident may conduct the aforementioned activities on property at which the resident resides until ten o'clock (10:00) P.M.
4. The use or operation of an automatic or electric piano, phonograph, loudspeaker, stereo, or sound amplifying device so loudly as to disturb persons at least five feet (5') beyond the property on which the sound originates. Sounds produced in conjunction with officially organized sporting events, parades, festivals, fairs, and other events issued a permit from the city council are exempt from the noise limitations.
5. The operation of a refrigerated trailer within an R-1, R-2, R-3, or R-4 zone during the hours from ten o'clock (10:00) P.M. through seven o'clock (7:00) A.M.
G. Surface Waters, Drainage:
1. No owner or person in charge of a building or structure shall permit rainwater, ice, or snow to fall from the building or structure onto an alley, street, or public sidewalk or to flow across the sidewalk.
2. The owner or person in charge of property shall install, and maintain in a proper state of repair, adequate drainpipes or a drainage system, so that overflow water accumulating on the roof or about the building is not carried across or onto the sidewalk.
3. The owner or person in charge of property shall install and maintain in a proper state of repair such facilities and improvements as are necessary to prevent soil from eroding and flowing onto or across public streets, alleys and sidewalks or into public storm drain systems. (Ord. 616-06, 11-14-2006)