Section
Nuisances
91.01 Purpose and scope
91.02 Definitions
91.03 Public nuisances defined
91.04 Litter control
91.05 Abandoned or junk vehicles
91.06 Building exteriors
91.07 Accessory improvements
91.08 Land
91.09 Authority to enforce standards
91.10 Inspections
91.11 Violations
91.12 Abatement; notice
91.13 Special assessment liens and payments
91.14 Appeals
91.15 Interference with inspection or abatement
91.16 False information
91.17 Conflict of ordinances
91.99 Penalty
NUISANCES
(A) The purpose of this subchapter is to promote the health, safety, economic, aesthetic and general welfare of the citizens of the city, and to protect neighborhoods against nuisances, blight and deterioration by establishing requirements for maintenance of all building exteriors, whether residential or non-residential, or structures of whatever kind, and establishing requirements for the maintenance of all land, whether improved or vacant.
(B) This subchapter shall apply to all buildings, structures and lands within the city without regard to the use, the date of construction or alteration.
(Prior Code, § 6-8.01) (Ord. 791, passed - -1999)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED OR JUNKED VEHICLE. Any vehicle without the current required license plates and tags; or that it is inoperable, unused, stripped, scrapped, junked, discarded, dismantled, wrecked, on blocks or similar devices or vehicles with deflated tires.
ACCESSORY IMPROVEMENTS. Improvements to land other than buildings including, but not limited to, driveways, sidewalks, walkways, exterior steps, railings, fences, screening walls and retaining walls.
AIRCRAFT. Any contrivance invented, used or designated for navigation or for flight in the air, including, but not limited to, helicopters and lighter-than-air dirigibles and balloons.
ATTRACTIVE NUISANCE. The maintenance of a condition, instrumentality, machine or other agency, which is dangerous to young children because of their inability to appreciate peril and which may reasonably be expected to attract them.
AUTHORIZED PRIVATE RECEPTACLE. A litter storage and collection receptacle, as required and authorized in this subchapter.
BLIGHT or BLIGHTED. Unsightly conditions including, but not limited to: the accumulation of debris; fences characterized by holes, breaks, rot, crumbling, cracking, peeling or rusting; landscaping that is dead, damaged, characterized by uncontrolled growth or lack of maintenance; and any other similar conditions of disrepair and deterioration that contribute to the depreciation of neighborhood property values or affect the health, safety, economic, aesthetic or general welfare of citizens.
BUILDINGS or STRUCTURES. Any human-made structure intended to be used by humans or animals on whole or in part with the purpose of living, sleeping, eating, cooking, sanitation, commerce, trade, manufacturing, business, advertising, governmental, worship, education, office, medical, storage or recreation.
COMPLIANCE ORDER. An order notifying the recipient that he or she is subject to civil or criminal prosecution for a violation of this subchapter unless the violation is corrected.
DEBRIS. Junk, lumber, furniture, furniture parts, stoves, sinks, cabinets, household fixtures, refrigerators, car parts, abandoned, broken or neglected equipment or the scattered remains of something of little or no apparent economic value.
DETERIORATED or DETERIORATION. A lowering in the quality in the condition or appearance of a building or structure or parts thereof, the fact or process of decay or degeneration, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, vermin infestation, unsafe or unsanitary conditions or any other evidence of physical decay or neglect or excessive use or lack of maintenance.
EXTERIOR SURFACES. Building exterior surfaces and attachments to said buildings including, but not limited to, walls, roofs, doors, windows, gutters, down spouts, antennas, porches, garages, patios and chimneys.
GARBAGE. Any spoiled or discarded animal or vegetable material resulting from the handling, preparation, cooking or consumption of food for humans or animals, as well as other organic waste material subject to rapid decomposition.
GRAFFITI. Drawings or inscriptions carved or painted on a surface, in a place which can be seen by the public and that degrades the beauty and appearance of the property.
IMMINENT HAZARD. A condition that presents an immediate likelihood for causing serious personal harm due to a condition of incompletion, deterioration, breaking, leaking, exposure, blight or scattered with debris, litter or garbage.
INFESTATION. The apparent presence of insects, rodents or other pests.
LAND. All land in the city whether improved or unimproved.
LITTER. All putrescible and non-putrescible solid wastes consisting of both combustible and non- combustible wastes including, but not limited to, ashes, street cleanings, garbage, rubbish, dead animals, abandoned or junked vehicles or parts thereof, solid market and industrial waste, paper, rags, empty barrels, crates, packing cases, excelsior, packing material, wrappings, cigarettes, cardboard, cans, yard clippings, leaves, metal, mattresses, bedding, crockery, trash, boxes, bottles, glass, cartons, refuse, plaster, plastic, asphalt, tile, rock, bricks or other materials tending to create an unsightly condition and having an adverse effect upon the health, safety, economic, aesthetic or general welfare of adjoining properties or occupants thereof.
MAJOR REPAIR. The removal from any vehicle of a major portion thereof including, but not limited to, the differential, transmission, head, engine block or oil pan.
NOTICE TO ABATE. A notice issued to a property owner concerning a violation of this subchapter, and that failure to correct the violation will result in abatement action by the city.
PARK. An area used for a reservation, playground, recreation center or any other public area in the city owned or used by the city and devoted to recreation.
PERSON. A human being, enterprise, corporation, association, partnership, limited liability company, trust, firm or society.
POLLUTED. A condition that exists in water and is characterized by bacterial growth, algae, insect infestation, the remains of litter, debris, garbage or any other foreign matter of which because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition.
POOL. A constructed or excavated exterior area designed to contain a regular supply of water.
PUBLIC PLACE. Any street, sidewalk, boulevard, alley or other public way and any public park, square, space, ground or building.
STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
VEGETATION. Plant growth, whether living or dead, characterized by grass, weeds, bushes, cactus and trees.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracts.
(Prior Code, § 6-8.02) (Ord. 791, passed - -1999)
The following specific acts, omissions, conditions and things in or upon any lot, building, structure or premises, or in or upon any right-of-way, street, avenue, alley, park, parkway, drainage way, easement or other place in the city are public nuisances, the existence of which are hereby declared unlawful.
(A) All land shall be kept free of privies, vaults, cesspools, sumps, pits or like places which are not securely protected from insects or rodents, or which are foul or malodorous.
(B) All land shall be maintained free from animal manure in any quantity which is not securely protected from insects and the elements, or which is kept or handled in violation of any ordinance of the city or the county; provided, however, that, nothing in this subchapter shall be deemed to prohibit the utilization of such animal manure on any farm, garden or ranch in such manner and for such purposes as are compatible with customary methods of good husbandry.
(C) All places used or maintained as junkyards or dumping grounds, or for the wrecking, dissembling, repair or rebuilding of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, trailers or other vehicles, machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained as to essentially interfere with the comfortable enjoyment of life or property by others; provided, however, that, nothing contained in this subchapter shall be deemed to prohibit any automobile wrecking yard or other junkyard where permitted by the Zoning Ordinance; provided further that, nothing contained in this subchapter shall be deemed to prohibit the disassembling, repair or rebuilding or the storage of any of the parts thereof on any land where the disassembling, repair, rebuilding or storage are customary and incidental to the principle use on the land.
(D) All land shall be kept free from any putrid, unsound or unwholesome bones, meat, hides, skins or the whole or any pail of any dead animal, fish or fowl, butcher’s trimmings and offal, or any waste vegetation or animal matter in any quantity, garbage, human excreta, sewage or other offensive substances; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in the manner approved by the Health Officer of the county or ordinances of the city.
(E) All land, buildings, rooms or other places in the city used for any trade, employment or manufacturing, shall be kept free of noxious exhalations, including, but not limited to, smoke, soot, dust, fumes or other gases, offensive odors or other annoyances that are discomforting or offensive or detrimental to the health or safety of individuals or of the public, or contributes to the depreciation of neighborhood property values.
(F) Burning or disposing of refuse, sawdust or other material in such a manner as to cause or permit ashes, sawdust, soot or cinders to be cast upon the streets or alleys of the city, or to cause or permit the smoke, ashes, soot or gases arising from such burning to interfere substantially and unnecessarily with the use and enjoyment of public or private property, or to injure or endanger the health of others; provided, this division (F) shall not apply where the person responsible for the action has properly obtained a fire permit from the city’s or the county’s Health Officer; provided that, nothing contained in this subchapter shall be deemed to authorize any burning not authorized under the provisions of other ordinances of the city.
(G) Any unguarded or abandoned excavation, pit, well or hole which is or could be dangerous to life.
(H) Leaving or permitting to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under the control of any person and in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an air-tight door or lid, snap-lock or other locking device which may not be released from the inside, without first removing the door or lid, snap-lock or other locking device from the icebox, refrigerator or container.
(I) No person shall create or maintain any condition that obstructs or renders dangerous the use or passage of any park, stream, water course, sidewalk, parkway, square, alley, street, highway or easement.
(J) Buildings which are abandoned, partially destroyed, or left in a state of partial construction.
(Prior Code, § 6-8.03) (Ord. 791, passed - -1999) Penalty, see § 91.99
(A) Persons owning or occupying property or places of business shall keep the sidewalk and any landscape area surrounding their premises free of litter, garbage, debris or blighting influence.
(B) No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents, litter, garbage or debris from being blown or deposited upon any street, alley or other public place. No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street or other public place sticky substances, litter, garbage, debris or foreign matter of any kind.
(C) No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.
(D) No person shall throw or deposit any litter, garbage or debris on any occupied private property within the city; except that, the owner or person in control of private property may maintain authorized private receptacles for collection in such manner that litter, garbage or debris will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
(E) No person shall throw or deposit any litter, garbage or debris on any property within the city.
(F) The owner or person in control of any private property shall at all times maintain the premises free of litter, garbage, debris or blighting influence. This division (F) does not prohibit the storage of litter, garbage or debris in authorized private receptacles for collection, or within any building when, not in violation of any health, fire, building or other regulation, order, ordinance or statute.
(G) No person occupying or employed in any business establishment shall deposit any litter, garbage or debris in any receptacle unless such receptacle shall be provided with lid of sufficient weight to prevent the escape of any litter, garbage or debris from the receptacle.
(Prior Code, § 6-8.04) (Ord. 791, passed - -1999) Penalty, see § 91.99
(A) All abandoned or junk vehicles, or vehicles being repaired or restored, shall be stored in an enclosed area by the owner or occupant of the property upon which such vehicle is located in such a manner as to not be visible from any point lying without the property upon which the abandoned vehicle or junk vehicle is stored or parked.
(B) No cover shall be placed over any vehicle which is visible from any point lying without the property so as to conceal its plates or tags.
(Prior Code, § 6-8.05) (Ord. 791, passed - -1999) Penalty, see § 91.99
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