(A) The following conditions shall constitute a public nuisance for the purpose of this chapter because of the danger to health by providing places for vermin and insects to harbor, the fire hazard danger caused by the accumulation of discarded materials, and the risk caused by the attraction of children to it:
(1) Garbage;
(2) Junk;
(3) Trash;
(4) Debris;
(5) Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the town, including open foundations freely accessible from any public street, alley or sidewalks;
(6) Storage of construction materials that are:
(a) Not in good useable condition;
(b) Not kept in an orderly fashion;
(c) Not actively being used in a construction process on the parcel where the materials are located; or
(d) In all circumstances, kept for a period exceeding 18 months.
(7) Structure affixed with graffiti;
(8) Any waste water, filth, offal, rubbish, animal waste or human excrement which emits an unwholesome odor and is deposited, allowed or caused to be upon real property;
(9) Fallen trees, stumps or dead trees;
(10) Any water or other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage;
(11) Any dead domestic or wild animal;
(12) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect or pool upon any public property;
(13) Any real or personal property which is infected with contagious disease and is likely to cause a health hazard;
(14) The placement or accumulation, or permitting the placement or accumulation, on or within any real or personal property of any matter which attracts or may attract rodents, insects or other animals in such a manner as to create a health hazard or unsanitary or dangerous condition;
(15) Any real or personal property used as a place of human residence or habitation that is dangerous or detrimental to life or health due to the lack of or defects in water, drainage, heating, plumbing or ventilation;
(16) Any dilapidated or condemned building, structure or dwelling that constitutes a fire hazard liable to catch on fire or communicate fire to surrounding properties;
(17) Any condition including, but not limited to, smoke, dust, noxious odors or noise that emits from a premises which creates inconvenience, annoyance or discomfort that interferes with the comfortable enjoyment of the life and property of the surrounding inhabitants;
(18) The storage of explosive, combustible or other flammable material which creates a safety, health or fire risk;
(19) Any obstruction to public ways or visual barriers for vehicular traffic including, but not limited to trees, shrubbery, weeds, snow or fences;
(20) Any slaughter or dressing of animals;
(21) Any junk automobiles, automobile parts detached from the vehicle as a whole, tires, broken concrete or scrap metal; and/or
(22) Except upon application to the Countywide Department of Community Development for a land management plan approved in advance by the Plan Commission, any growth of weeds, grass or other rank vegetation which is either:
(a) Neglected, disregarded or not adequately managed or controlled, cut, mown or removed;
(b) Has attained a height of eight inches or more; or
(c) Is actually or imminently detrimental to the public health, safety or welfare.
(B) In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and the statutes of the state as a public nuisance may, when found to exist within the town, be treated as such and be proceeded against as provided in this chapter and code, or in accordance with any other provisions of law. Whenever the word “nuisance” is used in this chapter, it refers to a public nuisance.
(C) No owner, occupant, tenant or any other person having a substantial interest in any real or personal property within the town, or agent thereof, shall permit or allow to remain on or within the property or upon public ways abutting the real property a public nuisance or any other condition which is detrimental to the public health, comfort, safety or the aesthetic well-being of the community. It shall be a violation of this chapter to abandon, neglect, or disregard the condition or appearance of any premises so as to permit the existence of a public nuisance.
(Ord. 2016-2, passed - -2016) Penalty, see § 92.99