(A) Nuisances generally. The following are declared to be nuisances affecting health:
(1) All decayed or unwholesome food offered for sale to the public, or offered to the public at no charge;
(2) All diseased animals running at large;
(3) All ponds or pools of stagnant water;
(4) Carcasses of dead animals not buried or destroyed within 24 hours after death;
(5) Accumulations, wheresoever they may occur, of manure, rubbish, garbage, refuse, and human and industrial, noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes;
(6) Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or garbage cans which do not prevent the entry of flies, insects, and rodents;
(7) The pollution of any well, cistern, spring, underground water stream, lake, canal, or body of water by sewage or industrial wastes, or other substances harmful to human beings;
(8) Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fumes, smoke, dust, or any other toxic substance on, in, or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful, or injurious to the health of any employee or to any premises, occupant, or to any other person;
(9) Common drinking cups, roller towels, combs, brushes, or eating utensils in public or semi-public places where not properly sanitized after use;
(10) Any vehicle used for septic tank cleaning which does not meet the requirements of this chapter;
(11) Any vehicle used for garbage or rubbish disposal which is not equipped with a watertight metal body and provided with a tight metal cover or covers and so constructed as to prevent any of the contents from leaking, spilling, falling, or blowing out of such vehicle at any time, except while being loaded or not completely secured and covered so as to prevent offensive odors from escaping therefrom or exposing any part of the contents at any time;
(12) Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae, and hookworm larvae;
(13) The keeping of animals and fowls in any area within the city not zoned for agricultural uses except pet cats and dogs, animals in public or licensed zoos, and farm animals in laboratories;
(14) Unlicensed dumps, and licensed dumps not operated or maintained in compliance with the ordinances of the city and the statutes of the state;
(15) No person shall discharge or cause to be discharged into a stormwater system any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage, or any other substance which is capable of causing an obstruction to the flow of the storm system or interfere with the proper operation of the system, or which will pollute the natural creeks or waterways; and
(16) All other acts, practices, conduct, business, occupation callings, trades, uses of property, and all other things detrimental or certain to be detrimental to the health of the inhabitants of the city.
(B) Unlawful to cause, maintain within city or one-half mile thereof. It is unlawful for any owner, lessee, or occupant, or any agent, servant, representative, or employee of any such owner, lessee, or occupant, having control of any occupied lot or land or any part thereof in the city, or within one-half mile of the corporate limits of the city, to cause, permit, or maintain a nuisance on any such lot or land. Additionally, it is unlawful for any person or his or her agent, servant, representative, or employee to cause, or maintain a nuisance on the land or property of another, with or without permission. Each day that a nuisance shall be maintained is a separate offense.
(C) Authority to abate emergency cases. In cases where it reasonably appears that there is an immediate danger to the health, safety, or welfare of the public due to the existence of a nuisance, the Mayor or his or her designate shall have the authority to order the Chief of Police or Health Officer or other city official to immediately abate the nuisance in an appropriate manner.
(D) Abatement; procedure generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein.
(1) It shall investigate the same. The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board shall have at least ten days’ notice thereof.
(2) Such notice shall be signed by the Health Officer or Chief of Police and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his or her residence with some member of the family or household over 15 years of age, or upon any corporation by delivering the copy thereof to the President or to any other officer at any business office of the corporation within the city. If the notice cannot be given for the reason that the person named in the notice or his or her agent cannot be found in the city, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be published in a daily newspaper for three consecutive days, if a daily, or once if a weekly paper, giving at least ten days’ notice from the final publication date of the time fixed for the parties to appear before the Board.
(3) If after hearing all the evidence the Board of Aldermen may determine that a nuisance exists, it may direct the Health Officer or Chief of Police, or other city official to order the person to abate the nuisance within 20 days or within such other time as the Board may deem reasonable. Such order shall be served in the manner provided in this section for service of the order to show cause. The order may further provide that the appropriate city official be directed to abate the nuisance if the order is not obeyed within the time period set by the Board, and that a special tax bill be issued for the costs of abating the nuisance.
(4) If the order has not been obeyed within the time period set by the Board, the appropriate city official shall proceed to abate the nuisance in the manner provided by the order of the Board, and the cost of same, if ordered by the Board, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.
(5) The bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the repairing of sidewalks or grading or paving of streets and shall be a lien on the property.
(6) The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.
(Prior Code, § 215.010) Penalty, see § 91.99