(A) (1) The City Council hereby finds and declares the accumulation and/or storage of anything which is injurious to health or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property of another, or that unlawfully obstructs the free passage or use, in the customary manner, of any navigable waterway or any public park, square, street, or highway, including, but not limited to weeds; partially dismantled buildings; abandoned, wrecked, dismantled or inoperative vehicles; machinery; trailers; or parts thereof, on public property, or on private, non-permitted, premises is hereby declared to:
(a) Create a condition tending to reduce the value of private property;
(b) Promote blight and deterioration;
(c) Invite criminal activity;
(d) Create fire hazards;
(e) Constitute an attractive nuisance creating a hazard to the health and safety of individuals;
(f) Create a harbor for rodents and insects potentially injurious to the health, safety and general welfare; and
(g) Create an injurious or physically offensive condition which interferes with the comfortable enjoyment of property of another by maintaining junk, trash, debris or salvage materials which are visible from a public street, alley or adjoining property.
(2) Therefore, the presence of such items as may constitute a nuisance on public property, including public rights-of-way, or on private, non-permitted, premises except as allowed under other city, state or federal law, is hereby declared to constitute a nuisance, which may be abated or addressed in accordance with the provisions of this part.
(B) Nothing that is done or maintained under the express authority of a statute may be deemed a public or private nuisance.
(C) An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does not become a public or private nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment or facility has been in operation longer than the complaining resident has been in possession or commercial establishment has been in operation.
(Ord. 374, passed 3-3-2020)