It shall be unlawful for the owner, occupant, or person having control or management of any property within the city to permit a public nuisance to develop thereon. The making, maintaining, using, placing, depositing, leaving or permitting to be, remain or exist on any premises, property or right-of-way any of the following items, conditions or actions shall constitute a nuisance. This enumeration shall not be deemed or construed to be conclusive, limiting or restrictive and includes but is not limited to:
(A) Animals. The failure to keep an animal's pen, yard, lot or other enclosure in a sanitary condition and free from preventable offensive odors. (Animals, see Chapter 90)
(B) Combustible materials and unlawful burning. The open burning of any combustible material.
(C) Construction materials - storage in residential areas. The storage or placement of construction or building materials in front or side yards of residential parcels within the city for a period of more than 28 days while active construction is ongoing at the specific address, or for a period of more than 14 days when no construction activity is being conducted at the specific address. This provision shall apply to repairs, remodeling, or additions to an existing residence, but shall not apply to construction of a new residence within the city.
(D) Dangerous buildings. Any building, house, or structure so out of repair and dilapidated that it will, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property using or being upon the streets or public way of the city adjoining the premises, by reason of the collapse of the building, house, or structure or by the falling of parts or of objects therefrom.
(1) Any structure/residence unfit and/or unsafe for human habitation or occupancy, or condition to exist in the structure which are dangerous or injurious to the health or safety of the occupants or the structure, the occupants of neighboring structures, or other residences of the city.
(2) Any residence within the city without a safe and operable connection to water, electric/gas, and sewer services.
(E) Dilapidated, damaged, neglected, or unsafe premises. Any premises which detrimentally impact the surrounding neighborhood because of dilapidation, deterioration, or decay and/or are unsafe for the purpose for which they are being used, or are not secured, or are improperly secured. Permitting any condition to exist that causes a building or grounds not to be in good repair, such as, but not limited to:
(1) Every window; exterior door; basement; porch; roof; eaves; foundation; exterior wall; exterior stairs; not be reasonably watertight; weather tight; bird, animal, and rodent proof; and not kept in sound condition and good repair;
(2) All exterior wood surfaces, other than decay-resistant woods, not protected from the elements and decay by paint or by other protective covering or treatment. Noticeable peeling paint is a violation of this section; and
(3) All gutters, shutters, down spouts, and any other parts of the exterior of the home not maintained in their original condition and fit for their intended purpose.
(F) Drainage easements or public rights-of-way. Covering drainage easements or public rights-of-way in any manner to affect the flow of water over the ground, hinder the natural absorption of the water into the ground, or cause silt to be added to the water flow. Such disruption includes, but is not limited to, paving, graveling, dumping, frequent vehicular use, and the accumulation of debris. Permitting or causing the interface with any obstruction of a drainage ditch, device, or system as to inhibit, alter, or prevent proper drainage patterns.
(G) Explosives. The storage of explosive material which creates a safety hazard to other property or persons. This provision shall not apply to the storage of such material by a licensed contractor working on a properly permitted construction, utility, or road project.
(H) Hazardous materials or petroleum products. Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or waste (solid, liquid, or gaseous), which is determined by the Fire Department or Code Enforcement Officer, to constitute a fire or environmental hazard, or to be detrimental to human life, health, or safety.
(I) Health hazards. Creation of any situation that attracts vermin, rodents, insects, or animals or is otherwise injurious to public health.
(J) Heavy equipment. The operation of heavy equipment within the city except as necessary for construction projects for which a building permit has been issued by the city, but only during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal holidays.
(K) Incomplete projects. Any renovation or construction to structures or grounds not completed through consistent sustained effort and no such building or grounds under construction or renovation may be allowed to be uncompleted for an unreasonable length of time, given due consideration to the type of project. A period of 120 days without consistent, sustained effort to complete the project shall be an unreasonable length of time, without sufficient, specific, written explanation for said delay.
(L) Junk; scrap metal. The storage of junk, auto parts, tires, scrap metal stored on premises more than 72 hours and in view from a public street, walkway, alley, or other public property within the city limits except on premises authorized by the city for such purposes. Abandoned, dismantled, wrecked, inoperable, and discarded objects, equipment, or appliances such as, but not limited to, water heaters, refrigerators, furniture which is not designed for outdoor use, household fixtures, toys, bikes, machinery, electronic equipment, or cans or containers, plastic, or other material, standing or stored on property or on sidewalks or streets.
(N) Noise encroachment, sound systems.
(1) Residential. Using, operating, or permitting for any noncommercial purpose any loudspeaker, public address system, mobile sound vehicle or similar device between the hours of 11:00 p.m. and 7:00 a.m., prevailing local time, such that the sound therefrom creates a noise disturbance across a dwelling unit boundary.
(2) Vehicular. The use of any mechanical loudspeaker or other device, amplifier, or noisemaker on any moving or standing vehicle within the city between the hours of 11:00 p.m. and 7:00 a.m.
(O) Noise from motor vehicles. Discharge into the open air of exhaust from any motor vehicle except through a suitable and efficient muffler or other device which will effectively prevent loud or explosive noises. (Ord. 13-1974, passed 6-24-74)
(P) Noxious odors or smoke. Emission into the surrounding atmosphere of odor, dust, smoke, or other matter which renders ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible.
(Q) Rubbish and waste. An accumulation on any premises of filth, refuse, trash, garbage, discarded food, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property or the city in general. The dropping, deposit, or acquiesce in the dropping, depositing, scattering of waste material in any manner, in or on any public or private property, not including normal yard maintenance material.
(R) Snow and ice. The failure to remove snow and ice from parking lots and sidewalks in commercial areas of the city within 24 hours of the cessation of a snowstorm, sleet storm or freezing rainstorm.
(S) Waste receptacles. Containers for discarded materials, yard waste, and recyclables which are left in view from the public roadway following the day of the regularly scheduled pick-up for the property; no garbage, yard waste or recycling items shall be placed out for collection in view of a public street more than 18 hours prior to the collection day.
(T) Water containers. Swimming pool, other body of water, or excavation which is abandoned, unattended, unsanitary, empty, or contains stagnant/polluted water or is not securely fenced, or (if not in use) does not have a secure and safe cover, which will not collect water and is effective and suitable, or which is determined by the Code Enforcement Officer to be detrimental to life, health or safety.
(U) Weeds or turfgrass.
(1) Turfgrass. Permitting turfgrass to grow more than seven inches on property which faces or abuts on any street. When the turfgrass exceeds the height of seven inches the owner will be given notice in accordance with § 92.04 hereof to mow said lot to a height of no more than four inches. This provision shall not apply to timberland, natural wooded areas not part of a lot to which this section otherwise applies, nor farm pastureland.
(2) Weeds. Permitting any plant growth other than trees, ornamental, edible or useful plants, or shrubs, to grow to a height exceeding seven inches.
(V) Any other condition. On a property which meets the following requirements: is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, to interfere with the comfortable enjoyment of life or property.
(Ord. 13-1974, passed 6-24-74; Ord. 57-1976, passed 11-22-76; Ord. 60-1977, passed 4-25-77; Ord. 250-1992, passed 10-19-92; Am. Ord. 343-1997, passed 6-16-97; Am. Ord. 388- 1999, passed 1-11-99; Am. Ord. 390-1999, passed 3-15-99; Am. Ord. 448-2005, passed 3- 31-05; Am. Ord. 523-2012, passed 11-12-12; Am. Ord. 536-2014, passed 7-21-14; Am. Ord. 632-2023, passed 12-18-23)
Penalty, see § 92.99