TITLE 4
HEALTH AND SANITATION
CHAPTER 1
NUISANCES
SECTION:
4-1-1: Nuisances Enumerated
4-1-2: Penalties; Abatement Procedures
4-1-1: NUISANCES ENUMERATED:
It is hereby declared to be a nuisance for any person or corporation:
   A.   Obstructing, Polluting Water: To obstruct or render unwholesome or impure the water of any spring, stream, pond, or well or water system to the injury or prejudice of others. (1993 Code p. 52 § 402.2-3)
   B.   Obstructing Drainageways, Sewers: To obstruct or impede, without legal authority, the passage of any gutter, conduit, sewer, or the natural drainage of any public or private property. (1993 Code p. 52 § 402.2-4)
   C.   Obstructing Public Or Private Ways 1 : To obstruct or encroach upon public highways, private ways, streets, alleys or commons. (1993 Code p. 52 § 402.2-5)
   D.   Offensive Odors: To negligently conduct any business or use any premises so as to create such an offensive smell as may taint the air and render it unwholesome or disagreeable to another person. (1993 Code p. 52 § 402.2-1)
   E.   Offensive Substances:
      1.   To deposit any nightsoil, dead animal or other filthy, offensive or noisome substance upon any lot, street, alley, highway, park, or other place. (1993 Code p. 52 § 402.2-2)
      2.   To use on any sidewalk of the village any cart, wheelbarrow, or other vehicle or receptacle for hauling or conveying any slop, swill, manure, or other offensive or filthy matter. (1993 Code p. 53 § 402.2-12)
   F.   Offensive Businesses: To establish, maintain or carry on any offensive or unwholesome business within the limits of the village or within one mile of the limits thereof. (1993 Code p. 52 § 402.2-6)
   G.   Garbage And Refuse: To permit or suffer any offal, filth, refuse, or animal or vegetable matter which is liable to become putrid or offensive, or injurious to health, to remain on any premises used or occupied by said person or corporation. (1993 Code p. 52 § 402.2-7)
   H.   Offensive Premises, Sewers: To keep or suffer to be kept in a foul, offensive, nauseous, or filthy condition any railroad car, building, yard, cellar, barn, sewer, or pigsty. (1993 Code p. 52 § 402.2-8; amd. 2006 Code)
   I.   Stagnant Water: For the owner or keeper of any lot or premises to suffer to stand or to remain thereon water, which is, or which may become stagnant, foul and offensive as well as detrimental to the health and comfort of persons residing in the neighborhood thereof. (1993 Code p. 52 § 402.2-9)
   J.   Slaughterhouses:
      1.   To erect or use habitually any house or lot for the purpose of butchering or slaughtering cattle, calves, sheep, swine or poultry without permission granted by the board of trustees. (1993 Code p. 52 § 402.2-10)
      2.   To conduct the business of slaughtering or butchering, as provided in subsection J1 of this section, in such manner, or keep the premises in such condition, or so use said premises that the effect of such business or the condition or use of such premises would be annoying, or in any manner become detrimental to the health or comfort of any inhabitant of the village. (1993 Code p. 53 § 402.2-11)
   K.   Junked, Inoperable Vehicles 2 : To permit, for a period of thirty (30) consecutive days, a vehicle not in operable condition to be deposited, stored, placed, maintained, or operated on a public street or alley, and to allow such junk vehicle to be in view from any public street or alley. (1993 Code p. 53 § 402.2-13)
   L.   Weeds And Trash 3 : To maintain weeds, trash or brush on any premises within the village or to permit any noxious weeds to go to seed. (1993 Code p. 53 § 402.2-14)
4-1-2: PENALTIES; ABATEMENT PROCEDURES:
Whoever violates any clause or section of this chapter shall be fined as provided in section 1-4-1 of this code, and if any person or corporation shall continue a nuisance after being fined for the same, a new cause of action shall immediately accrue against such person or corporation, subjecting the offender to a like penalty as aforesaid, and so on. After the rendition of each fine, the continuance of such nuisance shall be deemed a new cause of action, subjecting the offender to like penalty as aforesaid; provided, that the offender shall in every case under this chapter be notified by some executive officer of the village to remove or abate any such nuisance, and be allowed a reasonable time to be fixed by such officer in such notice, according to the nature of such nuisance, to so remove or abate the same, and upon so doing, within the time fixed by such officer, the offender shall not be subject to the fine aforesaid, unless the commission of the nuisance was wilful or resulted in actual damage to the person or property of some person or corporation. (1993 Code p. 53 § 402.2-15; amd. 2006 Code)

 

Notes

1
1. See also sections 5-3B-6 and 5-3B-10 of this code.
2
1. See also chapter 2 of this title.
3
2. See also chapters 2 and 3 of this title.