(A) Prohibited conduct. It shall be unlawful for an owner, agent, occupant, lessee or renter of any lot or tract or parcel of real property within the city limits (herein cumulatively referred to as OWNER or OCCUPANT) to fail to maintain such property:
(1) Free of objectionable, unsightly, or unsanitary matter, filth, accumulations of brush, earth and construction materials, garbage, litter, junk, refuse, rubbish, solid waste, trash, weeds, scrap metal, scrap wood, furniture, appliances, tires, and stagnant water or other impure or unwholesome matter.
(2) Free from any nuisance which may prove detrimental to the public health and welfare in a building, on the premises of the building or upon an occupied premise, including but not limited to, any abandoned well, shafts, basements, excavations, discarded refrigerators, unsecured vacant structure, motor vehicle which may prove a hazard.
(3) Free from inadequate or unsanitary sewage or plumbing facilities, allowing sewage on lots, grounds, yards or any other place.
(4) Free from graffiti of any type.
(5) Free from premises that create an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, disease-carrying pests or a condition harboring rodents or breeding flies.
(6) Free from any building and other structure which is in such a dilapidated or damaged condition that it is unfit for human habitation, does not serve its intended function, or is kept in such an unsanitary condition that it is a menace to the public health and welfare.
(7) Free from allowing any dangerous, unwholesome, nauseous, or offensive odors, gases, or fumes to escape into the open air in amounts as to be substantially offensive, uncomfortable and annoying to any community, family, or person of ordinary sensibilities, tastes, and habits at a distance of more than 15 feet from the building, premises or processing from whence the odors, gases or fumes emanated.
(B) Right of way. It shall be unlawful for any owner, occupant or person in control of a premise to allow a nuisance on the public right-of-way or sidewalk as measured to the curb or pavement edge; or if no paving exists to the end of the private property line.
(C) Nuisance declared and duty to abate. Whenever brush, earth or construction materials, garbage, litter, junk, refuse, rubbish, solid waste, trash, weeds, stagnant water, inoperative or unlicensed motor vehicle, covering or partially covering the surface of any lot or parcel of any real estate situated within the city, or any other conduct prohibited hereby occurs upon any lot or parcel in the city the same is hereby declared to constitute a public nuisance, the prompt abatement of which is hereby declared to be public necessity. Any such nuisance shall be removed from the property by the owner or other person in possession or control of such property.
(D) Storage of materials. All garbage, sewage, hazardous wastes and other unwholesome material of any kind shall be stored in containers to prevent such material from dispersing beyond the storage location, seepage into the ground, or permitting the escape of noxious, foul or offensive odors into the air across the boundaries of the owner or occupant property to another property.
(E) Inoperative or unlicensed motor vehicles. It shall be unlawful for any person who shall own or occupy any lot or lots in the city limits or its ETJ to allow inoperative or unlicensed motor vehicles or vehicles in a state of major disassembly on said lot, unless same are kept in a garage or other enclosed structure, or behind a solid fence, located in a place so they are not visible from public places, right-of-ways or alleyways.
(F) Street pollution. It shall be unlawful for any use of property, which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the city.
(Ord. 17-1185, passed 4-20-2017; Ord. 19-1229, passed 8-15-2019; Ord. 21-1280, passed 12-2-2021; Ord. 23-1329, passed 1-11-2024) Penalty, see §
90.99