CHAPTER 92:  NUISANCES
Section
Public Nuisances
   92.01   What constitutes a public nuisance
   92.02   Permission to enter
   92.03   Notification
   92.04   Citation
   92.05   Cost of abatement; lien
Abandoned Vehicles
   92.20   Definition
   92.21   Tag
   92.22   Enforcement
   92.23   Report; disposal of vehicle
   92.24   Towing
   92.25   Removal
   92.26   Liability
   92.27   Exceptions
   92.28   Fund
   92.29   Time
 
   92.99   Penalty
PUBLIC NUISANCES
§ 92.01  WHAT CONSTITUTES A PUBLIC NUISANCE.
   (A)   In addition to what is declared in this subchapter to be a public nuisance, those offenses which are known to the common law and the statutes of the state as a public nuisance may, when found to exist within the town limits, be treated as such and be proceeded against as provided in this subchapter, or in accordance with any other provisions of law. Whenever the word NUISANCE is used in this subchapter, it refers to a public nuisance.
   (B)   No owner, occupant, tenant or any other person having a substantial interest in any real or personal property within the town, or agent thereof, shall permit or allow to remain on or within the property or upon public ways abutting the real property any materials, trash, garbage, debris or any other matter which is detrimental to the public health, comfort, safety or the aesthetic well-being of the town.
   (C)   The following conditions shall be considered to constitute public nuisances for the purpose of this subchapter:
      (1)   Litter;
      (2)   Grass over eight inches high;
      (3)   Fallen trees, stumps or dead trees;
      (4)   Boxes, appliances, furniture, household items and tires;
      (5)   Demolition remains;
      (6)   Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property with the town, including open foundations;
      (7)   Accumulated garbage and trash;
      (8)   Structure defaced with paint or wording;
      (9)   Any portion of real property which emits an unwholesome odor;
      (10)   Any waste water, filth, offal, garbage, rubbish, animal waste or human excrement which is deposited, allowed or caused to be upon any public or private property;
      (11)   Any water or other substance which is caused or permitted to flow on to or be deposited upon any public property or public way, except natural surface water drainage;
      (12)   Any dead domestic or wild animal;
      (13)   The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect or pool upon any public property;
      (14)   Any real or personal property which is infected with contagious disease and is likely to cause an immediate health hazard;
      (15)   The placing or accumulation on or within any real or personal property, or the permitting of same, of any matter which attracts or may attract rodents, insects, domestic animals or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition;
      (16)   Any real or personal property used as a place of residence or habitation for sleeping that is maintained in such a way as to be dangerous or detrimental to life or health due to the lack of or defects in water, drainage, heating, plumbing or ventilation;
      (17)   Any dilapidated or condemned building, structure or dwelling that is so out of repair that it constitutes a fire hazard liable to catch on fire or communicate fire to surrounding properties;
      (18)   Any noxious odors, smoke, dust or noise that emits from the premises into the surrounding atmosphere which creates an uncomfortable condition to surrounding properties;
      (19)   The storage of explosive, combustible or other inflammable material which creates a safety or health risk;
      (20)   Any trees, shrubbery, weeds, snow, fences or other material which obstruct public ways or cause a visual barrier for vehicular traffic;
      (21)   Any junk automobiles, broken concrete, scrap metals or automobile parts including, but not limited to, iron, steel, tin, zinc, copper, aluminum or alloy; and
      (22)   Any growth of weeds, grass or other rank vegetation, including, but not limited to, ragweed, goldenrod, milkweed, Canadian thistle, dandelions, plantain and other broadleaf weeds, buckthorn, poison ivy, poison sumac and burdock, which is either:
         (a)   Neglected, disregarded or not adequately managed or controlled, cut, mown or removed;
         (b)   Has attained a height of eight inches or more; or
         (c)   Is actually or immediately detrimental to the public health, safety or welfare.
(Ord. 2001-201, passed 5-14-2001)  Penalty, see § 92.99
§ 92.02  PERMISSION TO ENTER.
   It shall be the duty of all officers and employees of the town to report the existence of nuisances to the Town Council. For this purpose, the Town Marshal or other employees designated by the Town Council shall be permitted to visit, enter into or upon any building, lots, grounds or premises within the limits of the town to ascertain and discover any nuisance kid to make examination thereof.
(Ord. 2001-201, passed 5-14-2001)
§ 92.03  NOTIFICATION.
   When a public nuisance is found to exist, the Town Marshal or other employees designated by the Town Council shall notify the property owner or persons known to have a substantial interest in the property to abate the conditions which are deemed to be a public nuisance under this subchapter. Notification to abate shall be issued according to applicable law. Notification shall state the nature of the nuisances, the penalty for neglect or refusal to abate the nuisance, and the period of time allowed to abate the nuisance.
(Ord. 2001-201, passed 5-14-2001)
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