(A) The following enumerated and described conditions are hereby found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the town and are found, deemed and declared to be public nuisances wherever the same may exist, and the creation, maintenance or failure to abate the nuisances is hereby declared unlawful:
(1) Any condition which is a breeding ground or harbor for mosquitoes or a breeding ground or harbor for rats or other pests;
(2) A place of heavy growth of weeds or other noxious vegetation over eight inches in height. This shall include the area between a property line and the edge of pavement of any abutting street, and to the centerline of any abutting alleyway;
(3) An open place of collection of water where insects tend to breed;
(4) An open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags or any other combustible materials or objects of a like nature;
(5) An open place of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind;
(6) Any furniture, appliance or other metal product of any kind or nature openly kept, which has jagged edges of metal or glass, or areas of confinement;
(7) Any improper or inadequate drainage on private property which causes flooding, interferes with the use of or endangers in any way the streets, sidewalks, parks or other town owned property of any kind, provided that the notices required and powers conferred by this chapter by and on the enforcement officer in abating the nuisances defined by this division shall be given and exercised by the Town Manager;
(8) Any condition which blocks, hinders or obstructs, in any way, the natural flow of branches, streams, creeks, surface waters, ditches or drains, to the extent that lots or properties are not free from standing water;
(9) Rotten, damaged or dilapidated sheds, outbuildings, garages or other uninhabited structures which have collapsed or partially collapsed or pose a danger of fire or pose a risk to neighborhood children or to adjacent property and property owners; and
(10) A collection or storage place for old, worn-out, broken or discarded machinery, car parts, junk, furniture, stoves, refrigerators and appliances, cans or containers, household goods or plumbing and electrical fixtures or other similar materials.
(11) An animal or group of animals shall be considered a nuisance if it damages, soils, or defiles private or public property, interferes with, molests, or attacks persons or other animals, is repeatedly at large, fouls the air by odors, chases, snaps at, harasses or impedes pedestrians, bicyclists, or vehicles, is diseased or dangerous to the public health. When practical the town may classify an entire group of animals as a nuisance instead of individuals within the group. This item shall apply to livestock and fowl but not dogs and cats.
(12) On town property or in a street. It shall be unlawful for the owner of an animal (pet) to permit the animal (pet) to leave its feces on town property, in a town street or on private property. When the identity and contact information of the violator can be reasonably ascertained by the town, then the town may issue a notice of violation and take enforcement action against the violator sending all notices and invoices required by §§ 92.04 and 92.05(A) - (C) to the violator. A violation of this section shall constitute a nuisance, which nuisance shall be abated in accordance with § 92.05(D)(3).
(13) Any other condition not enumerated in items (1) - (11) above may be specifically declared to be a danger to the public health, safety, morals and general welfare of the inhabitants of the town and a public nuisance by the Town Council, which proceeding may be initiated by the enforcement officer before the Town Council after giving written notice in conformity with § 92.04, which notice will state the condition existing, the location and that the Town Council will be requested on a day certain, after a public hearing at which the person notified may appear and be heard, to declare that the conditions existing constitute a danger to the public health, safety, morals and general welfare of the inhabitants of the town and a public nuisance and that, after the declaration by the Town Council in the form of an ordinance, the condition will be remedied or penalized as provided for in § 92.05, provided that no appeal shall lie from a proceeding initiated by the enforcement officer before the Board of Adjustment as provided in § 92.05.
(1979 Code, § F-3-2) (Ord. passed 5-5-2014)