The following acts, omissions, conditions and things in or upon any land or structure in the city, or the failure to comply with any of the following standards constitute public nuisances, the existence of which are hereby prohibited and declared to be unlawful; the provisions of this section are not exclusive and may be duplicative of other provisions, codes and regulations adopted by the city; all provisions, codes and regulations of the city, including those in this section, may be applied cumulatively or separately for purposes of enforcement.
(A) It shall be unlawful to maintain any condition defined as or deemed to be a nuisance or hazard to the public health, safety or welfare by any statute of the state or any code or ordinance adopted by the city.
(B) Any attractive nuisance, dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations or excavations, or improperly maintained or secured pool, hot tub or spa.
(C) It is unlawful for any person to erect or maintain within the city any above ground electric fence.
(D) It shall be unlawful for any person to cause or allow the storage of any abandoned or junk vehicle, except where such storage is in complete compliance with this chapter and the City Zoning Code.
(1) In residential areas, all abandoned or junk vehicles being stored, restored or repaired shall be kept safely within a lawful building or structure or behind a lawful fence in such a manner as to not be visible from beyond the lot boundaries.
(2) Abandoned or junk vehicles shall not be stored on the premises of a business enterprise unless the enterprise is lawfully licensed under the city code for such purpose, or such storage is necessary to the operation of the business enterprise, and such storage is otherwise in conformance with the city code and zoning ordinance.
(E) No person shall allow, deposit, store, accumulate or maintain garbage, trash, refuse, rubbish, litter or junk that is visible from beyond the lot boundaries, except for temporary storage of such materials in an authorized receptacle for collection in compliance with Chapter 50 of this code.
(F) No person shall deposit, discard, store, maintain or knowingly permit to remain on land, under his or her control, in a place accessible to children, any icebox, refrigerator, ice chest or other airtight or semi-airtight container or appliance which has a capacity of one and one-half cubic feet or more and/or an opening of 20 square inches or more and which has a door or lid equipped with hinge, latch or other fastening device.
(G) All persons owning or occupying land, whether improved or unimproved, shall keep the sidewalks or public places fronting or bordering their property free of garbage, trash, refuse, rubbish, litter or junk; provided, however, this section shall not prohibit the temporary storage of such materials in authorized receptacles for collection in compliance with Chapter 50 of this code.
(H) No owner or occupant of land, whether improved or unimproved, shall allow trees, shrubs or plant growth on that land to encroach upon or impede, obstruct or interfere with passage on, any street, sidewalk, easement or alley within the city or to obstruct visibility of any traffic control device or signal, or dead, decayed, diseased or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition or which is likely to harbor rats, vermin or other pests. This section does not apply to properly maintained compost bins.
(I) No owner or occupant of land, whether improved or unimproved, except on land designated as parks/open space or future development, shall allow, maintain, or accumulate weeds, grass or other plant growth that are dead, dormant, sticker, or due to height or dryness, constitute a hazard as deemed by the Fire Marshal. When in the opinion of the Fire Marshal, the large size or terrain of property makes the cutting of all weeds or grasses impractical, the Fire Marshal, or designee, may, by written order, allow and limit the required cutting of weeds and grasses to a firebreak of not less than 15 feet in width cut around the complete perimeter of the property and around any structures existing upon the property, unless the Fire Marshal, or designee determines that a firebreak of a lesser width will provide adequate protection against fire spread at the particular location. Nothing in this chapter shall prohibit plant or weed growth, with the exception of noxious weeds, utilized for grazing on land designated as residential estate.
(J) No person or owner shall deposit into, sweep upon or allow or permit to drain into any public right-of-way or place any hazardous material, garbage, trash, refuse, rubbish, litter or junk, or similar matter which is offensive to sight or smell or impedes passage or is detrimental to public health.
(K) It is unlawful for the owner or occupant of land to cause or permit disagreeable or obnoxious odors to emanate beyond the boundaries of the land.
(L) It is unlawful to occupy any building or other structure which is unfit for human habitation in violation of Chapter 150 of this code of ordinances.
(M) It is unlawful to allow any swimming pool or similar body of water to stagnate and thereby become eutrophic, polluted or offensive to the senses and unsafe for its intended use in violation of any applicable health and safety code.
(N) No owner or occupant of land, whether improved or unimproved, shall cause or permit unreasonable quantities of smoke, noxious fumes, gas, soot or cinders to emanate beyond the boundaries of that land except with a Fire Department burning permit.
(O) It is unlawful for any owner or occupant of land to fail to properly repair or replace any collapsed or fallen fence adjacent to the public right-of-way.
(P) In accordance with Chapter 91 of this code, except for specific permitted or licensed activities, it shall be unlawful for any person to display any article for sale outdoors on any property, whether improved or unimproved, or on any public place; and no owner or occupant of property, whether improved or unimproved, shall allow or permit such outdoor displays. This provision shall not apply to garage or yard sales.
(Q) In residential zones, it shall be unlawful for any person to park or store and for an owner or occupant of land to allow or permit any person to park or store on the owner’s or occupant’s land any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding 14,000 pounds, except that temporary parking is permitted for the purpose of delivery or the loading and unloading of household goods.
(R) No person shall place any sign in any public right-of-way or attach any sign to any public utility structure, traffic-control device, traffic light standard or similar structure, except signs erected by a public utility or government agency and those permitted by city ordinance or other law, but only for those places, times and specific purposes permitted.
(S) All vacant or abandoned buildings shall be secured against unauthorized entry at all times.
(T) It shall be unlawful for any person to wilfully or negligently permit or cause the escape or flow of water from the municipal water system in such quantity as to cause flooding, impede vehicular or pedestrian traffic, create a hazardous condition to such traffic, create a condition which constitutes a threat to the public health and safety, or cause damage to the public streets or alleys of the city.
(U) It shall be unlawful for any person to willfully or negligently deposit leaves, grass, weeds, sand, stones, or the like on a public sidewalk, alley, street, right-of-way, or other public property. It shall also be unlawful for a property owner or occupant of property to willfully or negligently allow the accumulation of said debris on a public sidewalk, alley, street, or right-of-way on said property.
(1976 Code, § 9-1-5) (Ord. 593-12, passed 8-8-2012; Ord. 628-16, passed 6-22-2016) Penalty, see § 10.99