Cross References — Health and sanitation generally, ch. 225; maintenance of service stations to prevent nuisances, §615.180; parking, storage of commercial equipment, trailers, etc., on city streets prohibited, §355.060; littering generally, §210.530; abandonment of personal property on public or private property, §210.560; houses of prostitution deemed a public nuisance, §210.1390; places used for illegal sale or use of controlled substances deemed a public nuisance, §210.1870.
Article I In General
Article II Weeds
[CC 1989 §15-211; Ord. No. 1204 §1, 8-8-1988]
No person shall permit, cause, keep or create any nuisance as defined by the laws of this State, this Article or other ordinances of the City.
[CC 1989 §15-212; Ord. No. 1204 §2, 8-8-1988]
In addition to the specific nuisances enumerated herein, it shall be deemed a nuisance to create or permit the existence of noises, obnoxious odors or any other condition upon public or private property which adversely affects the public health or disturbs the public peace.
[CC 1989 §15-213; Ord. No. 1204 §3, 8-8-1988; Ord. No. 1468 §1, 1-14-1991; Ord. No. 3494 §1, 1-26-2010]
The following acts or conditions shall be deemed nuisances:
The placing or throwing of rubbish, garbage, trash or other articles or materials which are obnoxious, dangerous or detrimental to the public health, safety or welfare upon any street, sidewalk, alley, public or private place.
The burning of materials producing smoke, gases or odors offensive or obnoxious to the inhabitants of this City, in any ash pit, stove or incinerator or in any street, alley, or on any public or private property.
All ponds or pools of polluted water and all foul water or liquid when discharged through any drainpipe, spout or otherwise upon any street, alley or thoroughfare or private lot.
All unfilled holes greater than three (3) feet deep which pose a hazard or threat to public safety.
Any unclean, stinking, foul, defective or filthy drain, ditch, tank or gutter, or any leaking garbage, manure boxes, cans or containers.
Any dirt gathered in the cleaning of yards, waste from industrial or business establishments, or any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, or any materials which are offensive, or tend to decay to become putrid, or to render the atmosphere impure or unwholesome.
Any stable, shed or any yard or appurtenance thereof in which any horse, cow or any other animal shall be kept or any place in which manure or liquid discharges from such animals shall collect or accumulate, which is not kept in a clean and wholesome condition, so that no offensive odor shall be allowed to escape therefrom, provided that manure deposits upon any private property for the cultivation of such property are permissible.
The parking, storing, or accumulating outdoors or allowing any person to park, store, or accumulate any commercial equipment, or unlicensed motorized vehicle, trailers, associated appurtenances, major household appliances and furnishings upon any property.
Ragweed, poisonous plants or shrubs, and all other noxious weeds growing or existing upon any property. The procedures appertaining to other weeds, as provided in the City ordinances, shall apply to weeds which constitute a nuisance.
Any dead or diseased tree, tree limb or shrubbery that constitutes a hazard or threat to public safety or to property.
Any substance, vegetable or mineral, which emits an offensive, noxious, putrid or unhealthy odor.
Any carcass of a dead animal which is permitted to remain within the limits of the City for more than twenty-four (24) hours.
Any trees, shrubs, bushes or vegetation upon private property which are permitted to grow to the extent that such material constitutes a hazard to public safety in that it obstructs the view of the movement of vehicular traffic from other vehicular traffic.
The throwing, discharging, placing or causing to be placed into the waters or adjacent to the waters of any pond, lake, stream, storm sewer or drain flowing into such waters any substances, matter or thing, liquid or solid, which will or may result in the pollution of the waters. Such substances shall include, but are not limited to, gasoline, benzene, naphtha, oil or petroleum products, mud, straw, grass clippings, leaves, tree branches, metal or plastic objects or other waste materials.
The allowance of any dog, cat, puppy, kitten or other animal to soil, waste or defecate on public property or private property, or upon private property other than that of the person responsible for the animal, without the consent of the owner unless such waste is immediately removed by a person responsible for the animal and deposited in a waste container.
The placement of handbills on public or private property which contains commercial advertising of a written, printed or pictorial nature without the consent of the owner thereof.
[CC 1989 §15-214; Ord. No. 1204 §4, 8-8-1988]
Whenever a nuisance is determined to exist, the person creating the nuisance, the owner or owners of the property, and the tenant or tenants of such property may be deemed responsible.
[CC 1989 §15-215; Ord. No. 1204 §6, 8-8-1988]
The Chief of Police, Code Official, and designated representative of such officials are hereby authorized to enter into or upon any premises within the City where there are reasonable grounds to suspect the existence of any nuisance.
[CC 1989 §15-216; Ord. No. 1204 §7, 8-8-1988]
It shall be the duty of the Chief of Police or his/her designated representative to observe the condition of property within the City and to initiate complaints or investigate complaints regarding apparent violations of this Article. The Chief of Police may request the assistance of other appropriate City departments to render assistance.
[CC 1989 §15-217; Ord. No. 1204 §8, 8-8-1988]
The Chief of Police or his/her representative, before proceeding to remove or abate any nuisance, shall notify the owner or occupant or the agent of such person or persons of the existence of such nuisance. Such notice shall be in writing and delivered to such person or mailed to such person by certified or registered mail, and if such person shall not be found, such notice shall be posted on the property. Such notice shall provide that the nuisance must be abated within ten (10) days of notice or the same may be done by the City at the expense of the owner of the property. In the event of any emergency affecting public health or safety, the time provided in such notice may be reduced. Such notice may be dispensed with in the case of imminent danger to public health or safety.
[CC 1989 §15-218; Ord. No. 1204 §9, 8-8-1988]
In the event such nuisance is not abated after notice as provided in Section 215.070, then the City may abate such nuisance. The Board of Aldermen shall determine the cost of such abatement and the same shall be charged against the property as a special tax bill and lien as provided by law.
[CC 1989 §15-219; Ord. No. 1204 §5, 8-8-1988]
It is an offense against the ordinances of the City for any person to create, maintain, keep or permit a nuisance or to fail to abate a nuisance after having received a notice issued as provided herein. Each twenty-four (24) hour period such nuisance remains shall constitute a separate offense. The Municipal Court may, upon conviction, impose a penalty of up to two hundred fifty dollar ($250.00) fine for each offense.
[CC 1989 §15-220; Ord. No. 1204 §10, 8-8-1988]
Nothing provided in this Article is intended to prevent the City from seeking other remedies it may have with respect to the abatement of nuisances, including the institution of civil actions.
[CC 1989 §11-66]
"Weeds", as used in this Article, means and includes all rank vegetative growth.
[CC 1989 §11-67; Ord. No. 1701 §1, 7-26-1993; Ord. No. 3170 §1, 9-12-2006]
The owner, lessee or occupant, or any agent, servant, representative or employee of such owner, lessee or occupant, having control of all or any part of any plot of ground or any residential lot in the City, shall not allow or maintain on such lot or on the street area adjoining the lot any growth of weeds or grass to a height of over eight (8) inches, exempting parks and open space where the maximum height of weeds, brush or natural vegetation will be twelve (12) inches.
[CC 1989 §11-68; Ord. No. 1701 §§2 — 3, 7-26-1993]
In addition to the penalty provided in Section 100.150, an owner who permits weeds to grow in violation of Section 215.120 shall be subject to the following provisions:
The City shall hold a hearing after four (4) days' notice thereof, either personally or by United States mail to such owner or owners, or his/her or their agents, or by posting such notice on the premises. At such hearing, the City Administrator or his/her designee may declare the weeds to be a nuisance and may order the same to be abated within five (5) business days after the hearing.
If such weeds are not cut down and removed in a proper manner within five (5) business days after the hearing, the order shall allow the City to immediately remove the weeds pursuant to this Section. The City Administrator or his/her designee shall certify the cost of cutting down and removal to the City Clerk.
The City Clerk shall cause a special tax bill against the property from which the weeds were cut and removed to be prepared and to be collected by the Collector with the other taxes assessed against the property.
The special tax bill from the date of its issuance shall:
Be a first (1st) lien on the property until paid, and prima facie evidence of the recital therein, and of its validity and no mere clerical error or informality in the same or in the proceedings leading up to the issuance shall be a defense thereto.
Include the costs in cutting and removing the weeds.
Be issued by the City Clerk on or before June first (1st) of each year and, if not paid when due, shall bear interest at the rate of eight percent (8%) per annum.
If weeds are allowed to grow on the same property more than once during the same growing season, the City Administrator or his/her designee may, without further notification, have the weeds cut down and removed and the cost of the same shall be billed in the manner described in Subsection (4) above.