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Whatever is or imminently may become hazardous or dangerous to human health, whatever renders the ground, the water, the air, or food a hazard or an injury to human health, or whatever annoys, injures, or endangers the health, comfort, or safety of others, along with the following specific acts, conditions, and things are, each and all of them, hereby declared to constitute nuisances, provided, however, that this enumeration shall not be deemed to be exclusive:
(a) Imperfect plumbing. Any imperfect, leaking, unclean, or filthy sink, water closet, urinal, or other plumbing fixture in any building used or occupied by human beings.
(b) Garbage and refuse. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any food waste or general household waste found within the city that is likely to cause or transmit disease, or that may be a hazard to health.
(c) Impure water. Any well or other supply of water used for drinking or household purposes that is polluted or is so constructed or situated that it may become polluted.
(d) Undressed hides. Undressed hides kept longer than 24 hours, except at the place where they are to be manufactured, or in a storeroom or basement whose construction is approved by the health department.
(e) Manure. The accumulation of manure or animal or fowl waste for more than 24 hours unless it is in a securely tied, closed, biodegradable package placed in a leakproof, rigid container with a tightfitting lid.
(f) Breeding places for flies. The accumulations of manure, garbage, or anything whatever that are harboring places and breeding areas for flies and rodents.
(g) Stagnant water. Any water or liquid that supports the proliferation of mosquitoes.
(h) Poison ivy. Permitting poison ivy to grow upon any public or private property.
(i) Dead animals. The owner of a dead animal permitting it to remain undisposed of longer than 24 hours after its death.
(j) Polluting river. Throwing or leaving any dead animal or decayed animal or vegetable matter or any slops or filth whatever, either solid or fluid, into any pool of water or into the Big Sioux River.
(k) Privies and cesspools. Erecting or maintaining any privy or cesspool except those sanitary privies and cesspools the plans of which are approved by the health department.
(l) Improper garbage handling. Throwing or letting fall on or permitting to remain on any street, alley, or public or private ground any manure, garbage, rubbish, filth, fuel, or wood while engaged in handling or removing any substances.
(m) Bonfires. Burning, causing or permitting to be burned, without an approved incinerator upon any private or public property any dirt, filth, manure, garbage, sweepings, leaves, ashes, paper, waste, or rubbish of any kind.
(n) Burning of garbage. Burning upon any private or public property any garbage, offal, excrement, fresh or decaying fruits, vegetables, fish, meat, or bone, or any foul, putrid, or obnoxious liquid or substance.
(o) Private sanitary landfill. Operating or permitting the operation of a private sanitary landfill without controlling rodents, insects, and litter; without compacting and covering solid waste each day; and without preventing and prohibiting burning.
(p) Rubbish. Depositing, maintaining, or permitting to be maintained or to accumulate upon any public or private property any combustible refuse matter such as papers, sweepings, rags, grass, tree branches, wood shavings, wood, magazines, or cardboard; or piles of brush, clothing, plastic, wood pieces, scrap lumber, cardboard, leaves, cloth, carpet, construction waste, pallets, tree stumps, or any similar objects that adversely affects the residents or environment by placing them at risk of unhealthy, offensive, or otherwise injurious conditions.
(q) Waste material. All noncombustible inorganic matter such as ashes, glass, sand, earth, stones, concrete, mortar, metals, cans, barrels, pipes, sinks, toilets, bath tubs, shower stalls, wire, scrap metal, metal pieces, piles of earth or sand, bricks, or any similar objects that adversely affects the residents or environment by placing them at risk of unhealthy or offensive or otherwise injurious conditions.
(r) Livestock or fowl waste. Any accumulation of waste manure, straw, or other bedding material resulting from the transportation, housing, or confining of animals.
(s) Litter. Garbage, rubbish, waste material, or animal or human waste improperly disposed of by discarding, abandoning, allowing to accumulate, scattering, or depositing outside an approved container.
(t) Inoperable vehicle or vehicles. In no event shall any inoperable vehicle or vehicles, as defined by § 93.025, that constitute a health or safety hazard be kept or located on any premises. For the abatement of nuisance conditions related to the keeping of any inoperable vehicles, the notice provisions of § 92.072 shall be in effect. Any notice or proceeding hereunder by the health department to abate a nuisance condition created by an inoperable vehicle or vehicles shall be construed as separate and cumulative to any other proceedings under §§ 93.025 through 93.035.
(u) Abandoned property. Any deteriorated, wrecked, or derelict property in unusable condition, having no value other than nominal scrap or junk value, if any, and which has been left unprotected from the elements, and shall include, without being so restricted, deteriorated, wrecked, inoperative, or
partially dismantled motor vehicles (as provided in § 93.026), trailers, boats, machinery, refrigerators, washing machines, appliances, machine parts, stoves, dryers, furnaces, water heaters, plumbing fixtures, furniture, and any other similar articles in that condition.
(v) Graffiti. Any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings that are scratched, scrawled, painted, drawn, or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb, or other permanent structure on public or private property and that has the effect of defacing the property.
(w) Food storage and removal. All stored food for animals or fowl must be kept either indoors or in a weather-resistant container designed to prevent access by animals or insects. Uneaten food shall be removed daily.
(1957 Rev. Ords., § 7.801; 1992 Code, § 19-50) (Ord. 2677, passed 4-20-1970; Ord. 35-72, passed 6-6-1972; Ord. 89-81, passed 11-2-1981; Ord. 120-95, passed 9-5-1995; Ord. 72-03, passed 8-11-2003; Ord. 58-07, passed 4-16-2007; Ord. 16-13, passed 4-2-2013)
Cross-reference:
Animals and fowl, see ch. 90
Garbage and recycling, see ch. 57
Plumbing, see §§ 150.301 et seq.
Utilities, see title V
Whenever the director of the designated enforcement department or his or her designated representative shall find that a nuisance exists within the city, a city enforcement employee (as defined in § 92.080) shall give written notice to the person creating, permitting or maintaining the nuisance to abate the nuisance. The notice may be served by first-class mail; and if to be mailed to the owner of the property, the mailing may be directed to the responsible person or entity listed on the city’s rental registration list. The notice may likewise be served by conspicuously posting a copy of the notice upon the premises where the nuisance exists. If posted, proof of the posting shall be sent by first-class mail to the owner of record or responsible party. The owner of record, tenant, resident or responsible party as defined by § 40.002 of any property found to have been in violation of health, nuisance or other code violations shall be jointly and severally liable as joint tortfeasors for a civil penalty or penalties imposed by the city pursuant to Title III, Chapter 40 of this code. If, after due inquiry, the city is unable to determine who is the owner or responsible party for the violation(s) and related fines, the city may elect to levy the fine as a direct assessment against the subject property.
(1992 Code, § 19-51) (Ord. 89-81, passed 11-2-1981; Ord. 58-07, passed 4-16-2007)
It shall be both unlawful and cause for the issuance of a civil penalty for any person who has been provided notice to fail to abate or correct nuisance conditions or code violations under the provisions of city ordinances within the time allowed in the notice.
(1992 Code, § 19-52) (Ord. 58-07, passed 4-16-2007) Penalty, see § 10.999
When there exists on private property a condition which has been determined a nuisance by a city enforcement employee, a notice will be served in the matter specified in § 92.072. The notice will describe the matter to be removed or corrected and require removal or correction thereof within 14 days. The city health officer may shorten the timeframe for removal or correction if the health officer determines the nuisance item(s) presents a significant risk to the public health if not removed or corrected in less than 14 days. If the city health officer determines a shortened timeframe is appropriate in a particular case, the shortened timeframe shall be set forth in the notice. Any additional nuisance conditions not previously observed, or that may have been added to the property after the city’s inspection(s), must also be removed or corrected within the timeframe specified in the notice of violation. If at the end of the 14 days, or less as set forth in the notice, the nuisance has not been removed or corrected, the city shall have authority to cause the correction or removal and disposition. All costs incurred by the city for the removal and disposition of the nuisance or for correcting the nuisance shall be assessed, levied and collected as a special assessment payable in one sum or by up to five equal annual installments as the city council may provide against the premises from which it was removed, in the manner provided by law for the levy and collection of other special assessments.
(1992 Code, § 19-53) (Ord. 89-81, passed 11-2-1981; Ord. 58-07, passed 4-16-2007; Ord. 57-11, passed 8-8-2011)
The city finance director shall maintain a subdivision of funds to be known as nuisance abatement and removal subdivision, upon which shall be drawn all warrants for the cost and expense of abatement and removal of nuisances and to which shall be credited collections of special assessments in accordance with § 92.074.
(1992 Code, § 19-54) (Ord. 89-81, passed 11-2-1981)
It shall be the duty of the health department or the police department to take possession of any article or property abandoned, left or placed on any public or private property, and if the property is believed to have any value, to keep it and make an attempt to find the owner thereof, and to retain any article so taken up by it. It shall be the duty of the departments to maintain a place for the keeping of any article until the article shall be claimed or otherwise disposed of, and the city shall have a lien thereon for the reasonable expenses incurred and value or cost of the time and effort necessary in taking, removing and storing the article and for the value of the storage in keeping thereof and may retain possession until any and all the liens are discharged.
(1992 Code, § 19-55) (Ord. 89-81, passed 11-2-1981)
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