A. A nuisance is an offense against the order and economy of the city and consists in unlawfully doing an act or failing to perform an act, which:
1. Annoys, injures or endangers the comfort, repose, health or safety of three (3) or more persons; or
2. Offends public decency; or
3. Unlawfully interferes with, obstructs or renders dangerous for passage any stream, public street, park, square or highway; or
4. In any way renders three (3) or more persons insecure in life or the use of property.
B. An act which affects three (3) or more persons in any of the ways specified in this section is still a nuisance regardless of the extent of annoyance or whether damage inflicted on individuals is unequal.
C. If any condition designated herein as an offense against the order and economy of the city is determined by a building official of the city or fire official to constitute a fire or hazard, or is determined by a law enforcement official to constitute a safety hazard, or by a health department official to be a health hazard, or is determined by a city ordinance official or code enforcer of unlawful nuisance ordination violations, there shall be a rebuttal presumption that such act or omission is within the designations of subsection A of this section.
D. Habitual Nuisance. Any premises or property located within the city that generates repeated responses from public safety officials because of nuisance related activities, including calls for drug or party houses, any premises or property that generates three (3) or more calls for nuisance related activities within an eighteen (18) month time period shall be deemed a “habitual nuisance.” Any premises or property that generates two (2) or more calls for nuisance related activities within an eighteen (18) month time period to abate any drug or party conditions as set forth in this chapter shall be deemed a “habitual nuisance.” (Ord. 03-09-06, 3-9-2006; amd. 2014 Code; Ord. 2022.08, 8-3-2022)