§ 90.16 NUISANCES.
   Nuisances, which shall include specifically, but not exclusively, the following, are prohibited:
   (A)   Junk, refuse, noxious substances, hazardous wastes. Junk, refuse, noxious substances, or hazardous wastes laying, pooled, accumulated, piled, left, deposited, buried or discharged upon, in, being discharged or flowing from, any property, body of water, structure, or vehicle; except for:
      (1)   Junk, refuse deposited at places designated and provided for that purpose in accordance with the regulations of the city;
      (2)   Junk, refuse stored in accordance with the regulations of the city;
      (3)   Compost piles established and maintained in accordance with the regulations;
      (4)   Dead animals buried in accordance with the regulations of the city;
      (5)   Green hides received, stored, dressed, packed, or sold in accordance with the regulations of the city; and
      (6)   Sewage discharged in accordance with the regulations of the city.
   (B)   Firewood. Piles of firewood in excess of 200 cubic feet stored closer than ten feet to buildings used for human habitation, piles of firewood higher than six feet to point of elevation from ground, or piles of firewood harboring vermin.
   (C)   Weeds. Grass or weeds which have grown upon any property to a height of eight or more inches or which have gone to seed.
   (D)   Stagnant water. Stagnant water standing on any property and any property, container, or material kept in such a condition that water can accumulate and stagnate.
   (E)   Vermin harborage. Conditions which in the opinion of the enforcement officer are conducive to the harboring or breeding of vermin including specifically, but not exclusively, materials stored less than 12 inches off the ground.
   (F)   Vermin infestations. Infestations of vermin except for bees or pigeons kept in accordance with the regulations of the city.
   (G)   Sanitary structures. Structures for sanitation such as privies, vaults, sewers, private drains, septic tanks, cesspools, or drain fields which have failed or do not function properly or which are overflowing, leaking, or emanating odors. Septic tanks, cesspools, or cisterns which are abandoned or no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool, or septic tank which does not meet the following criteria:
      (1)   The bottom and sides are cemented to be impervious to water;
      (2)   The bottom is at least six feet below grade;
      (3)   Proper ventilating pipes and covers are provided;
      (4)   Located at least 20 feet from any house, residence, building, or public street;
      (5)   Cleaned at least once a year; and
      (6)   The property served is located such that connection to the public sewer is not available.
   (H)   Manure vaults. Manure vaults which have become offensive. Manure vaults for stables where more than two horses are kept which are not cleaned twice in each week.
   (I)   Unsecured building. Building or portion thereof which is unsecured.
   (J)   Dangerous structure. Dangerous structure.
   (K)   Abandoned building. Abandoned building.
   (L)   Safety hazard. Any thing or condition on property which, in the opinion of the enforcement officer, may contribute to injury of any person present on the property. Safety hazards shall include specifically, but not exclusively, open holes, open foundations, open wells, wires which are too close to the ground or in violation of any applicable safety code, dangerous trees or limbs, abandoned refrigerators, or barbed wire fences less than six feet above the ground and within three feet of a public sidewalk or way, dangerous and unguarded machinery in any public place or so situated, stored or operated on private property so as to attract the public, antennae erected or maintained in a dangerous manner, or trapping devices.
   (M)   Fire hazard. Any thing or condition on property which, in the opinion of the enforcement officer, creates a fire hazard or which is a violation of the Fire Code.
   (N)   Health hazard. Any thing or condition on property which, in the opinion of the enforcement officer creates a health hazard or which is a violation of any health or sanitation law including specifically, but not exclusively, the following:
      (1)   Public exposure of persons having a contagious disease;
      (2)   Diseased animals not under treatment; or
      (3)   Diseased animals running at large.
   (O)   Statutory and common law nuisance. Any thing or condition on property which is known to the common law of the land, the Statutes of Minnesota, or the city code including specifically, but not exclusively, the Waverly Zoning Ordinance, as a nuisance.
   (P)   Obstructions. Obstructions shall include specifically, but not exclusively, the following:
      (1)   Snow and ice not removed from the public sidewalks within 24-hours after the precipitation has ceased to fall;
      (2)   Rain, ice, or snow or wastewater falling or flowing from private property or buildings onto public property except gutters, drainage ways and storm sewers;
      (3)   Use of a public street or sidewalk or use of property abutting a public street or sidewalk which causes large crowds of people to gather, obstructing traffic, streets or sidewalks, except in accordance with the regulations of the city;
      (4)   Excavations obstructing public property except in accordance with the regulations of the city;
      (5)   Placing or storing boxes, goods, wares, merchandise, building materials, machinery, business or trade articles on public property, except for the purpose of immediately transferring the same to some other proper place;
      (6)   Placing or throwing on any public property of any glass, tacks, nails, bottles, or other substances which may injure any person, animal or property or damage any pneumatic tire or vehicle when passing over such substance;
      (7)   Signs, awnings, vegetation or other objects located on private property which are not constructed and maintained as required by law, which prevent persons from having a clear view of all traffic approaching intersection, or which overhang and obstruct public property;
      (8)   Obstructing the free flow of water in a natural waterway or a public street drain, gutter, or ditch with trash or other substances; or
      (9)   Digging, excavating, placing culverts, placing dams, or doing any act which alters or affects the drainage of property or alters or affects flows of the public storm sewer and drainage ditch system except in accordance with the regulations of the city.
   (Q)   Burial. The burial or entombment of any remains of a deceased human being except within a public or private cemetery established under law.
   (R)   Open burning. Open burning in violation of §§ 90.60 through 90.70.
   (S)   Annoyances. Annoyances shall include specifically, but not exclusively, the following:
      (1)   Noises, odors, vibrations or emissions of smoke, fumes, gas, soot, cinders, ash or otherwise which exceed the standards of the Minnesota Pollution Control Agency, or if no standard is then in effect, which have an unreasonable and adverse effect;
      (2)   Operation of artificial lighting facilities upon private property without an effective shade or equivalent device to protect nearby residential premises from being adversely affected thereby; and
      (3)   Any offensive trade or business as defined by law and not otherwise licensed by the city.
   (T)   Illegal activities. Illegal activities shall include specifically, but not exclusively, the following:
      (1)   Gambling devices, slot machines, and punch boards except, as permitted by law;
      (2)   Betting, bookmaking and all apparatus used in such occupations except, as permitted by law;
      (3)   Houses kept for the purpose of prostitution or promiscuous sexual conduct, gambling, houses of ill fame, and bawdy houses;
      (4)   Places where intoxicating liquor is manufactured or disposed of in violation of law or where, in violation of law, persons are permitted to resort for the purpose of drinking intoxicating liquor, or where intoxicating liquor is kept for sale or other disposition in violation of law, and all liquor and other property used for maintaining such a place; and
      (5)   Vehicles used for the illegal transportation of intoxicating liquor, or for promiscuous sexual conduct or any other illegal purpose.
   (U)   Vehicle violations. Vehicle violations shall include specifically, but not exclusively, the following:
      (1)   Unlicensed vehicles which are not stored inside a building;
      (2)   The parking of vehicles, on or in front of a residential lot, which exceeds double the number of persons residing on the premises and having a valid driver's license (except for short term parking (eight hours or less) and guest parking not to exceed two days); and
      (3)   The parking of passenger vehicles and trucks, on or off street, in an inoperative state in residential districts for a period exceeding seven days; inoperative shall mean incapable of movement under their own power and in need of repairs.
   (V)   Any other act or omission declared by law to be a nuisance and for which no penalty is specifically provided.
(Ord. 16-01, passed 2-9-16)