The maintaining or permitting to be or remain on any public or private property of any of the following conditions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive.
(A) In addition to the acts and conditions specifically enumerated in this subchapter, any condition, thing, substance, or activity which is detrimental to, injurious to, or constitutes a danger to the public health, safety, or welfare is declared to be a nuisance and is subject to the abatement procedures set forth in this subchapter.
(B) A condition, thing, substance or activity declared to be a nuisance by another ordinance of this city is subject to the abatement procedures of this subchapter, if no abatement procedures are provided by such ordinance.
(C) Placement, storage, or accumulation of garbage, rubbish, trash, waste, refuse, junk and other materials, metals, plumbing fixtures, appliances, auto parts, junked, wrecked or inoperative vehicles, lumber or other litter and furniture, stuffed furniture, clothing or other household items which creates an unsightly appearance. This section applies without limitation to all areas of land within the corporate city limits zoned for residential purposes, and whether or not the building, land or property is occupied by human beings.
(D) Any condition which provides harborage for rats, mice, roaches, and other vermin.
(E) All disagreeable or noxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches, to include, but not be limited to, unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fowl, or fish.
(F) Privies, vaults, cesspools, dumps, pits, or like places which are not securely protected from flies or rats, or which are foul or malodorous.
(G) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, industrial wastes, or other substances which are injurious to overland flow or groundwater.
(H) Any activity, operation, or condition which, after being ordered abated, corrected, or discontinued by a lawful order of any agency or officer of the city, continues to be conducted or continues to exist in violation of any title of this code , any regulation enacted pursuant to this city code, any statute of the state, or any violation of federal law.
(I) Any vacant or unoccupied structure, which is not secured or is in a condition which allows access by any person.
(J) Attractive nuisances, which include:
(1) Unguarded machinery, equipment, or other devices which are attractive, dangerous, and accessible to children;
(2) Lumber, logs, or pilings placed or stored in a manner so as to be attractive, dangerous, and accessible to children;
(3) Open pit, quarry, cistern, or other excavation without safeguards or barriers to prevent such places from being used by children;
(4) Construction projects will have appropriate safeguards in place to prevent injury or death to playing children; and
(5) It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter or the growth of grass or weeds in excess of ten inches before, during or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage.
(K) Dangerous excavations, which are not guarded by suitable barriers and which are not marked during the hours of darkness.
(L) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens, or any other place, building or enclosure, in which animals or fowl of any kind are confined or on which are stored tankage or any other animal or vegetable matter or on which any animal or vegetable matter, including grain, is being processed, when the places in which animals are confined, or said premises on which the vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the city, or are maintained and kept in such a manner as to be injurious to the public health.
(M) Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which the buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof.
(N) All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which the places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof.
(O) Household furniture, manufactured or primarily intended for indoor use within residences, commercial buildings or enclosed structures shall not be located and/or used for outdoor purposes, which uses and/or locations are not within residences, commercial buildings or enclosed structures, including open residential porches. Provided, however, that such indoor furniture may be; located and/or used for such outdoor purposes with the permission of the Chief of Police, as health officer, for a period not exceeding 12 hours.
(P) White goods to include appliances such as refrigerators, ranges, water heaters, freezers, unit air conditioners, washing machines, clothes dryers and other similar domestic and commercial large appliances primarily manufactured and intended for indoor use, shall not be located, stored or used for outdoor purposes, which storage, use or locations are not within residences, commercial buildings or enclosed structures, including open residential porches. Provided, however, that white goods may be located or used for such outdoor purposes in conjunction with residential patios when such appliances are specifically manufactured and intended for such outdoor use and location.
(Q) All other things specifically designated as nuisances elsewhere in this code.
(R) No person, firm, corporation, partnership, or other business entity shall knowingly or unknowingly maintain or permit a nuisance to exist. Violation of this section shall be misdemeanor.
(S) For purposes of this section, abatement, violations notice to abate and remove the nuisance shall be governed by the violations notice provision in § 94.007.
(Ord. 2013-06, passed 5-21-2013; Ord. 2014-17, passed 11-18-2014) Penalty, see § 94.999