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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CORRECTIVE MEASURES. Those actions deemed necessary by designated enforcement authorities or the environmental manager of the city to prevent, minimize, mitigate or correct the damage to the public health, safety, or welfare which may have resulted from the creation of any of the above listed nuisances.
ENFORCEMENT AUTHORITIES. Those designated city employees who are authorized by this chapter to issue notices to comply for violations and ensure appropriate corrective measures are taken by the violator to eliminate the nuisance and return the property to a state that meets the local community standards.
PUBLIC NUISANCES. The following conditions are public nuisances:
(1) Vermin attractions. Any condition or place in the city which provides harborage for flies, rodents, mosquitoes and other insects which are capable of carrying and transmitting disease-causing organisms to any person or persons.
(2) Disease transmission. All sewage, human excreta, wastewater, garbage or other organic wastes inappropriately deposited, stored, discharged or exposed so as to be a potential medium in the transmission of disease to or between any person or persons and animals.
(3) Uncontrolled vegetation. Noxious weeds and other rank vegetation not properly controlled.
(4) Leaking waste hauling. Any vehicle or container used in the transportation of garbage, human excreta or other organic material which allows leakage or spillage of contents.
(5) Waste water maintenance. The lack of maintenance of any overflowing septic tank, sewage system, cesspool or other accumulation of stagnant water, the contents of which may be accessible to flies or other insects.
(6) Water contamination. The pollution or contamination of any waters of the state or United States that are potable, used for swimming, fishing, hunting, irrigation, or supports riparian habitation.
(7) Effluent disposal. The use of the contents of privies, cesspools, or septic tanks or the use of sewage or sewage plant effluents for fertilizing or irrigation purposes for crops or gardens except by specific approval of the Department of Health Services and/or the Department of Environmental Quality of the State of Arizona.
(8) Regulated waste handling. The storage, collection, transportation, disposal and reclamation of garbage, trash, rubbish, manure and other objectionable or regulated wastes other than as provided and authorized by applicable law or regulation.
(9) Illegal dumping. The accumulation, throwing, dumping, dropping of any litter, destructive or injurious material on public or private property which is not immediately removed.
(10) Public safety obstructions. All trees, hedges, billboards, or other obstructions which prevent people from having a clear view of all traffic approaching an intersection or constitute a danger to pedestrians or vehicles.
(11) Obstructions to traffic flow. Obstructions and excavations affecting the ordinary public use of streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this chapter or other applicable law.
(12) Dangerous antennas. Radio aerials or television antennae erected or maintained in a dangerous manner.
(13) Dangerous signs. All hanging signs, awnings, banners and other similar structures over streets and sidewalks, or so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance.
(14) Dangerous machinery. All easily accessible, dangerous, unguarded machinery in any public place, or so situated or operated on private property as to attract the public.
(15) Discarded machinery. Accumulations of discarded or dilapidated machinery, household appliances, automobile parts, or other material in a manner that annoys, injures, or endangers the safety, health, comfort, or repose of the community from such accumulations.
(16) Dangerous excavations. Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazard to persons coming on the premises where it is located.
(17) Obstructions to waterways. Obstructions to the free flow of water in a natural waterway or public street drain, gutter or ditch with trash or other materials.
(18) Inoperable motor vehicles. Any vehicle or motor vehicle that cannot be legally operated, that is disassembled, dismantled, or partially dismantled, that is incapable of being propelled under its own power, or that is not currently licensed or able to be licensed, and is kept or allowed to remain upon any property in the city in such a manner so as to be visible from beyond the boundary of the lot. This provision shall not apply to any inoperable vehicle stored on private property within the city if the vehicle:
(a) Is lawfully enclosed within a structure;
(b) Is completely covered with an opaque car cover specifically designed and sold for such use;
(c) Is a vehicle registered and licensed to a resident of the property and is undergoing repair, and that the total period during which the vehicle is inoperable did not exceed 15 days;
(d) Is completely enclosed by any fence, wall or barrier, not less than five feet in height, constructed of opaque materials without openings, holes or gaps other than gates or doors which shall also be constructed of opaque material. If the inoperable vehicle is located in the rear yard of the property then the fence, wall or barrier need not be constructed of opaque material as long as said vehicle is completely covered by an opaque car cover specifically designed and sold for such use; or
(e) Is a legally established use on such property.
(19) Defective signs. Any sign that endangers the public safety, such as materially dangerous, electrically or structurally defective sign, or an abandoned sign.
(20) Construction debris. Failure to remove and dispose of construction debris within 30 days of its generation, by means other than city-owned containers.
(21) Air pollution. Dense smoke, noxious vapors, gas, soot or cinders in unreasonable quantities.
(22) Irrigation overflow. Irrigation overflow into rights-of-way that poses a public safety hazard.
(23) Other nuisances. Other acts that interfere with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
RESPONSIBLE PARTIES. Property owners and other persons responsible for the actual creation of the public nuisance or by allowing or directing activities on private or public owned property that lead to one of the above nuisances.
('80 Code, § 11.5-40) (Ord. O95-005, passed 3-16-95; Ord. O96-82, passed 8-28-96)