TITLE 4
HEALTH AND SANITATION
HEALTH AND SANITATION
CHAPTER 1
NUISANCES
NUISANCES
SECTION:
4-1-1: Nuisance Defined; Public And Private Nuisances
4-1-2: Persons Responsible
4-1-3: Lapse Of Time, Effect
4-1-4: Remedies Against Nuisances
4-1-5: City Power To Define And Summarily Abate
4-1-6: Certain Public Nuisances Enumerated
4-1-7: Summary Abatement Of Nuisances
4-1-8: Abatement By Suit In District Court
4-1-9: Inability To Pay; Abatement By City
4-1-10: Assessment Of Costs; Lien For Nonpayment
4-1-11: Health Nuisances Defined; Abatement
4-1-12: Nuisance Unlawful
4-1-13: Toilet Facilities Required; Nuisance
4-1-14: Procedures Cumulative
4-1-15: Penalty; Additional Charges For Continuing Nuisance
A. Nuisance: A "nuisance" is unlawfully doing an act, or omitting to perform a duty, which act or omission either:
1. Annoys, injures, or endangers the comfort, repose, health or safety of others;
2. Offends decency;
3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal or basin, or any public park, square, street or other public property; or
4. In any way renders other persons insecure in life or in the use of property.
B. Public Nuisance: A "public nuisance" is one which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.
C. Private Nuisance: Every nuisance not included in subsection B of this section is a "private nuisance".
D. Exception; Authority Under State Or Federal Statute: Nothing which is done or maintained under the express authority of a federal or state statute can be deemed a nuisance. (Ord. 2003-01-08, 8-25-2003)
A. Allowing Existence Of Nuisance: No person in charge or control of any property in the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow a nuisance to exist on the property. Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property, created by a former owner, is liable therefor in the same manner as the one who first created it.
B. Recovering Damages For Past Existence: The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. (Ord. 2003-01-08, 8-25-2003)
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