CHAPTER 94: NUISANCES
Section
General Provisions
   94.01   Nuisances and pollution prohibited
   94.02   Existence of certain conditions to constitute public nuisance
   94.03   Investigation to determine existence of public nuisance
   94.04   Order to abate public nuisance
   94.05   Failure to abate public nuisance; abatement by town
   94.06   Cost of abatement
   94.07   Failure to pay charges; lien created
   94.08   Procedure deemed additional to other remedies
Weeds
   94.20   Weeds, trash, and other debris prohibited; authority of town
Premises and Litter Control
   94.35   Unauthorized accumulations
   94.36   Overgrown vegetation
   94.37   Accumulation of leaves, grass clippings, and the like on public ways
   94.38   Neglect of a premises
   94.39   Illegal dumping
   94.40   Obstruction of rights-of-way
   94.41   Enforcement
   94.42   Adjudicatory hearing
   94.43   Compost
 
   94.99   Penalty
GENERAL PROVISIONS
§ 94.01 NUISANCES AND POLLUTION PROHIBITED.
   (A)   It shall be unlawful for any person to maintain any nuisance on his or her property or the property of another which he or she occupies. This section shall be construed to include any person or persons who cause or allow another to violate any of the provisions of this section.
   (B)   It shall be unlawful for any person, firm, partnership, association, corporation, or any other type association to permit any privy or stable to be located so near any ditch, drain, or stream so as to pollute such ditch, drain, or stream. This section shall be construed to include any person or persons, any type business association, or corporation that allows, permits, causes, or procures any person to do any of the acts prohibited by this section.
(Prior Code, § 94.01) Penalty, see § 94.99
§ 94.02 EXISTENCE OF CERTAIN CONDITIONS TO CONSTITUTE PUBLIC NUISANCE.
   The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:
   (A)   The uncontrolled growth of noxious weeds or grass to a height in excess of 12 inches causing or threatening to cause a hazard detrimental to the public health or safety;
   (B)   Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or prejudicial to the public health; and/or
   (C)   Any accumulation of rubbish, trash, or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes, or vermin of any kind which is or may be dangerous or prejudicial to the public health.
(Prior Code, § 94.02) Penalty, see § 94.99
§ 94.03 INVESTIGATION TO DETERMINE EXISTENCE OF PUBLIC NUISANCE.
   The town, upon knowledge of a complaint from any person of the existence of any of the conditions described in § 94.02, shall make such investigation as may be necessary to determine whether, in fact, such conditions exist as to constitute a public nuisance as declared in § 94.02.
(Prior Code, § 94.03)
§ 94.04 ORDER TO ABATE PUBLIC NUISANCE.
   Upon a determination that such conditions constituting a public nuisance exist, the town shall notify, in writing, the owner, occupant, or person in possession of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within ten days from the receipt of such written notice.
(Prior Code, § 94.04)
§ 94.05 FAILURE TO ABATE PUBLIC NUISANCE; ABATEMENT BY TOWN.
   If any person, having been ordered to abate such a public nuisance, fails, neglects, or refuses to abate or remove the condition constituting the nuisance within ten days from receipt of the order, the town shall cause the condition to be removed or otherwise remedied by having employees of the town or other designated persons to go upon said premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the town. Any person who has been ordered to abate a public nuisance may, within the time allowed by this subchapter, request the town in writing to remove such condition, the cost of which shall be paid by the person making such request.
(Prior Code, § 94.05)
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