It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance to develop thereon. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions shall constitute a nuisance. However, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive and includes but is not limited to:
(A) Dangerous buildings adjoining streets. 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 thereof or of objects therefrom.
(B) Dangerous trees or stacks adjoining street. Any tree, stack, or other object standing in such a condition 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 upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(C) Existence of rubbish. Except during the construction of improvements to property and only for a reasonable period of time, the existence on any premises of filth, junk, refuse, trash, garbage, abandoned materials, metals, lumber, downed branches or limbs, dead bushes or trees, 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 or neighboring property or the city in general. This shall also include any condition which provides harborage for rats, mice, snakes or other vermin.
(D) Noxious odors or smoke. Emission into the surrounding atmosphere of odor and stenches, dust, smoke, or other matter which renders ordinary use or physical occupation, or peaceful enjoyment of other property in the vicinity uncomfortable or impossible.
(E) Noise. It shall be unlawful for any person within the city to make, continue, or cause to be made or continued, any unreasonably loud, harsh or excessive noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, unless the making and continuing of the noise is necessary for the protection or preservation of property or the life, health or safety of a person or persons.
(F) Storage of explosives. The storage of explosive material which creates a safety hazard to other property or persons in the vicinity. 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.
(G) Weeds or grass.
(1) It shall be unlawful for the owner or occupant of any property within the city which faces or abuts on any city street to permit any grass or weeds or any vegetation whatsoever, not edible or planted for some useful or ornamental purpose, to grow or remain upon such premises so as to exceed a height of seven inches, or to emit any unpleasant or noxious odor, or to create a visual hazard at any intersection or roadway. Any grass, weeds, or other vegetation growing upon any premises in the city in violation of any of the provisions of this chapter is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of this city.
(2) Any owner, tenant or party in control of any premises, whether vacant or occupied, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the first division of this section.
(3) When the grass, weeds, and/or other vegetation exceeds the height of seven inches as described in the first division of this section, the owner will be given notice in accordance with § 92.04 hereof to mow said lot to a height of no greater 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.
(H) Open wells. Any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.
(I) Trees and shrubbery obstructing streets and sidewalks. Trees, overhanging branches, hedges, shrubs, or weeds on the sidewalks or public ways of the city or on private property adjacent to a public way which encroach upon or obstruct a sidewalk or public way or which obstruct the vision of any vehicle operator or obstruct any traffic sign so as to create a hazard to the safe operation of vehicle. When any such conditions are observed by city personnel, the owner will be given notice in accordance with § 92.04 thereof to correct the problem specified in the notice. The required minimum clearance above city streets is 13 feet six inches and above sidewalks is seven feet.
(J) Keeping of animals. The failure to keep an animal's pen, yard, lot, or other enclosure in a sanitary condition and free from preventable offensive odors.
(K) Operation of 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 or other appropriate jurisdiction, but only during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of legal holidays.
(L) Failure to remove 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.
(M) The disruption of vegetation covering drainage easements or public rights of way in any manner so as 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.
(N) Storage of construction materials 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.
(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)
Penalty, see § 92.99