(A) It shall be unlawful for the owner, occupant or person having control or management of any public or private land within the city to permit a public nuisance to develop thereon.
(B) Public nuisances include, but are not limited to, the following conditions:
(1) Junk; scrap metal. The storage of junk motor vehicles, motor vehicle parts, including tires, storage tanks, dumpsters, refuse/trash containers not being served by the county’s garbage collection franchisees, junk machinery, machinery parts, abandoned, discarded or unused appliances, objects or equipment or scrap metal (whether recyclable or unrecyclable) within the city limits, except on premises authorized by the city for such purposes;
(2) Accumulation of construction, demolition or landscaping debris. All exterior property and premises shall be free from any accumulation of combustible and noncombustible waste materials, including any material resulting from maintenance, demolition, repair, alteration or construction of buildings, structures or grounds or landscaping or natural damage of grounds, including, but not limited to fallen trees, tree branches, brush and yard trimmings;
(3) Exterior use or storage of indoor furniture. The use or storage of furniture which is upholstered or not designed for outdoor use in an uncovered or exposed area in which it is likely to decay, decompose or retain moisture causing a health hazard or diminution in the value of neighboring properties;
(4) Compost piles. Any compost pile which is of such a nature as to spread or harbor disease, emit unreasonable, unpleasant odors or harmful gas or attract rodents, vermin or other disease-carrying pests, animals or insects; provided, that the presence of earthworms in a compost pile shall not constitute a nuisance;
(5) Nauseous substances or odors. The permitting of any offal, manure, rubbish or filth, decaying animal or vegetable matter, excessive animal excrement of any foul or nauseous substance or nauseous or offensive odor to be emitted or to be discharged out of or flow from premises;
(6) Dangerous trees or stacks adjoining streets. The permitting of any tree, shrubbery, hedge or other object adjoining public rights-of-way to grow or stand in such a condition that it interferes with the use, construction or maintenance of streets or sidewalks, that could cause injury to streets or sidewalks, or that causes an obstruction to drainage, or poses a danger to life, limb or property of persons using the sidewalks or rights-of-way. No such person shall allow any dead tree adjoining public sidewalks or rights-of-way to stand more than three feet in height;
(7) Obstructions of stormwater and drainage facilities. The permitting of any limbs, leaves, grass clippings or other objects to be placed in a manner that interferes with the use or maintenance of any stormwater and drainage facilities;
(8) Visual obstructions of streets. The permitting of any hedge, shrubbery, fence or other visual obstruction on any corner lot to attain a height which prohibits proper sight distance for pedestrian traffic or vehicle traffic on a public street or private drive;
(9) Dilapidated structures. All buildings, walls and other structures which have been damaged by fire, decay or otherwise, and which are in a state of dilapidation, deterioration or decay so as not to provide shelter, sufficient sewer, plumbing, electrical or heating facilities or which are unsound or in danger of collapse or failure and which are a danger to the safety of the public or which are, vacant or abandoned and open or accessible to vagrants or passersby or which are otherwise built, erected or maintained in violation of any ordinance;
(10) Obstruction over streets. All hanging signs, awnings, canopies, wires and other similar structures over the streets or sidewalks so situated or constructed as to endanger public safety or to be contrary to an ordinance;
(11) Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply;
(12) Accumulation of refuse/trash containers. Storing or permitting the accumulation of refuse, unless such refuse is kept separately in standard refuse/trash containers or dumpsters which are covered by solid, tight-fitting lids and which have no uncovered holes, and the storing and permitting of the accumulation of refuse and trash for which removal of refuse and trash is not provided;
(13) Scattering garbage and the like. The throwing, placing or scattering of any garbage, rubbish, trash or other refuse over or upon any premises, street or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove or burn;
(14) Attractive nuisances. The allowing of any physical condition, use or occupancy of any property or premises to be an attractive nuisance to children, including, but not limited to abandoned wells, shafts, standing pools of water, basements, excavations, retaining walls, unsafe fences and refrigerators, freezers, ice chests, ice boxes or similar air tight box or container which has a locking device inoperable from within, without first unhinging and removing the door or lid and detaching from the door or lid;
(15) Graffiti. The allowing of any GRAFFITI which is defined as any inscription, drawing or design that is scratched, painted, sprayed or placed on any surface of any structure that has no redeeming artistic, moral or social value;
(16) Hoarding of pet animals. The keeping of more pet animals than can be properly maintained in a healthy condition without presenting a health or safety hazard to the owners or others and without constituting a nuisance to the occupants of neighboring properties, characterized by failure to provide proper food, water, shelter, veterinary care and sanitation to the animals and resulting in squalid living conditions for the animals and the keeper and by complaints from neighbors including, but not limited to mistreated or neglected animals, stench from the property and rodent and insect infestations;
(17) Hoarding of materials. The accumulation of combustible materials, trash food, newspapers, magazines, old clothes and other items that create a serious fire and health hazards that can cause disease, contribute to vermin and/or insect infestations, affect the occupants of the building, neighbors, public safety personnel and the general public or violate any other city safety code; and
(18) Vegetation and weeds. Any property owner or persons leasing or persons overseeing any vacant lot with or without an outbuilding shall be in violation if the growth of existence of thistles, burdock, jimson weeds, rag weeds, milkweeds, poison ivy, poison oak, iron weeds, grasses and all other weeds and vegetation in excess of a height of 12 inches. All residential homes shall have a limit of eight inches in height for lawns. Non-noxious vegetation growing in areas designated as gardens or landscaping beds is excepted from this division (B)(18).
(Ord. 682, passed 5-12-2009; Ord. 683, passed 8-4-2009; Ord. 702, passed 11-1-2011) Penalty, see § 91.99