It is hereby declared to be a nuisance and to be against the
health, peace and comfort of the Village for any person, firm or corporation
within the limits of the Village to permit the following; but the
enumeration of the following nuisances shall not be deemed to be exclusive:
(A) Filth. To cause or suffer the carcass of any animal or any offal,
filth or noisome substance to be collected, deposited or to remain
in any place, to the prejudice of others.
(B) Deposit of Offensive Materials. To throw or deposit any offal or
other offensive matter or the carcass of any dead animal in any watercourse,
lake, pond, spring, well or common sewer, street or public highway.
(C) Corruption of Water. To corrupt or render unwholesome or impure the
water of any spring, river, stream, pond or lake, to the injury or
prejudice of others.
(D) Highway Encroachment. To obstruct or encroach upon public highways,
private ways, streets, alleys, commons, landing places, and ways to
burying places.
(E) Manufacturing Gunpowder. To carry on the business of manufacturing
gunpowder, nitroglycerine, or other highly explosive substances, or
mixing or grinding the materials therefor, in any building within
20 rods of any valuable building erected at the time such business
may be commenced.
(F) Powder Magazines. To establish powder magazines near incorporated
towns, at a point different from that appointed according to law by
the corporate authorities of the town, or within 50 rods of any occupied
dwelling house.
(G) Noxious Odors. To erect, continue or use any building or other place
for the exercise of any trade, employment or manufacture which, by
occasioning noxious exhalations, offensive smells or otherwise, is
offensive or dangerous to the health of individuals or of the public.
(H) Unlawful Advertising. To advertise wares or occupations by painting
notices of the same on, or affixing them to fences or other private
property, or on rocks or other natural objects without the consent
of the owner, or if in the highway or other public place, without
permission of the proper authorities.
(I) Bodies of Water. To create any condition, through the improper maintenance
of a swimming pool or wading pool, or by causing any action which
alters the condition of a natural body of water, so that it harbors
mosquitoes, flies or other animal pests that are offensive, injurious
or dangerous to the health of individuals or the public.
(J) Storing Debris. To store, dump or permit the accumulation of debris,
refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage
cans or other containers in a manner that may harbor mosquitoes, flies,
insects, rodents, nuisance birds or other animal pests that are offensive,
injurious and dangerous to the health of individuals or the public.
(K) Discarded Materials. To permit concrete bases, discarded machinery
and materials to remain around any construction site or demolition
project for period exceeding 14 days beyond the conclusion of the
construction project.
(L) Harassment. To harass, intimidate or threaten any person who is about
to sell or lease or has sold or leased a residence or other real property,
or is about to buy or lease or has bought or leased a residence or
other real property, when the harassment, intimidation or threat relates
to a person's attempt to sell, buy or lease a residence, or other
real property, or refers to a person's sale, purchase or lease of
a residence or other real property.
(M) Business. To establish, maintain and carry on any offensive or unwholesome
business within the Village limits.
(N) Filthy Premise Conditions. To keep or suffer to be kept in a foul,
offensive, nauseous or filthy condition any chicken coop, cow barn,
stable, cellar, vault, drain, privy, sewer or sink upon any premises
belonging to or occupied by him, or any railroad car, building, yard,
grounds, and premises belonging to or occupied by him.
(O) Litter on Streets. It shall be unlawful for any person to deposit
or allow trash, paper, cardboard, wire, dirt, rock, stone, glass,
brick, lumber, wood or litter of material objects of any size or description
to fall upon the streets of the Village from any moving vehicle, or
to be thrown from a moving vehicle, or to throw from a moving vehicle
and to remain thereon.
(P) Accumulation of Junk and Trash. To deposit or pile up any rags, old
rope, paper, iron, brass, copper, tin, aluminum, ashes, garbage, refuse,
hazardous waste, plastic, brush, litter, weeds, slush, lead, glass
bottles or broken glass upon any lot, piece or parcel of land or upon
any public or private alley, street or public way within the Village.
(Q) Rodents. To cause or permit any condition or situation to exist that
shall attract, harbor, or encourage the infestation of rodents.
(R) Bringing Nuisances into the Village. To bring into the Village, or
keep therein for sale or otherwise, either for food or for any other
purpose, any dead or live animal or any matter, substance or thing
which shall be a nuisance or which shall occasion a nuisance in the
Village, or which may or shall be dangerous or detrimental to health.
(S) Offensive Liquids. To keep nauseous, foul or putrid liquid or substance
or any liquid or substance likely to become nauseous, foul, offensive
or putrid, nor permit any such liquid to be discharged, placed, thrown
or to flow from or out of any premise into or upon any adjacent premises
or any public street or alley, nor permit the same to be done by any
person connected with the premises.
(T) Motor Transport Engines. To operate a motor transport engine for
a continuous period in excess of 30 minutes between the hours of 8:00
p.m. and 6:00 a.m., in any location where the majority of buildings
situated within a radius of 400 feet from that location are used exclusively
for residence purposes, excluding state and federal highways.
(U) Generally. To commit any offense which is a nuisance according to
the common law of the land or made such by statute of the state.
No building, vehicle, structure, receptacle, yard, lot, premise,
or part thereof shall be made, used, kept, maintained or operated
in the Village if such use, keeping, maintaining of any nuisance shall
be dangerous or detrimental to health.
Whenever the Police Chief or his designated representative finds
that a nuisance exists, he shall direct the Village Clerk to mail
(certified) to the party responsible for the nuisance and to the party
on whose property the nuisance exists a written notice ordering that
the nuisance be abated within a reasonable time. The notice to abate
shall contain:
(A) A description of what constitutes the nuisance;
(B) The location of the nuisance;
(C) A statement of what condition or state of affairs must be achieved
in order for the nuisance to be deemed abated;
(D) A statement suggesting how such abatement might be accomplished;
(E) The date by which abatement must be completed;
(F) A statement indicating that if the nuisance is not abated by the
date prescribed this municipality will abate the nuisance and assess
the costs against the property and/or impose a fine.
It shall be the duty of the Chief of Police or a designated
officials to proceed at once upon the expiration of the time specified
in the notice to cause such nuisance to be abated; provided, however,
that whenever the owner, occupant, agent, or person in possession
or control of any premises in or upon which any nuisance may be found
in unknown or cannot be found, the Chief of Police shall proceed to
abate such nuisance without notice. In either case, the expense of
such abatement shall be paid by the person who may have created or
suffered such nuisance to exist, in addition to any penalty or fine.
If the person notified to abate a nuisance shall neglect or
refuse to comply with the requirements of such notice by abating such
nuisance within the time specified, such person shall be guilty of
a violation of this Code. The Village shall not be required to issue
another notice where the condition or violation is at first abated,
but later resumed and/or repeated.