660.01 FILTHY ACCUMULATIONS; NOXIOUS ODORS.

   (a)   As used in this section, "litter" shall include, but not be limited to:

      (1)   Building rubbish, as defined in Section 1060.01(a), garbage, as defined in Section 1060.01(e), refuse, as defined in Section 1060.01(j), and solid waste, as defined in Section 1060.01(m);

      (2)   Wood, plaster, cement, brick, sheetrock or stone building rubble;

      (3)   Lawn trimmings, dead leaves and tree and shrubbery trimmings, provided, however, that these things shall not be considered litter if they are in the process of being composted; and

      (4)   Offal and dead animals.

   (b)   The throwing, depositing or accumulating of litter on any street, alley or public place in the City, or on any lot or tract of land within the City, is prohibited and is a nuisance.

   (c)   Any condition that gives off offensive odors that interfere substantially and to an unreasonable degree with the reasonable enjoyment of other property by the owners or occupants thereof, is prohibited and is deemed a nuisance.

   (d)   In addition to any other remedies the law may provide, the City through the City Prosecutor may bring an action in any court of competent jurisdiction to enjoin or abate any litter or offensive odor nuisance within the zoning jurisdiction of the City.

   (e)   Notice to abate and remove such nuisance shall be given to each owner or each owner’s duly authorized agent and to the occupant, if any, by personal service or certified mail. If the above notice is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the City or by conspicuously posting the notice on the lot upon which the nuisance is to be abated. If, within five days after receipt of such notice or publication or posting, whichever is applicable, the owner or occupant of the lot or piece of ground does not request a hearing with the Municipality or fails to comply with the order to abate and remove the nuisance, the Municipality may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the city may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys. The equitable remedy provided in this subsection shall be in addition to the penalty provided in Section 606.99.

(Ord. 1225. Passed 8-11-92; Ord. 1537. Passed 4-27-04; Ord. 1655. Passed 5-10-11.)