Whenever any nuisance as herein later specified exists within
5,000 feet of the perimeter of the corporate limits of the city, the
city manager or his assigns shall order the nuisance to be abated,
corrected or removed by the person or parties causing or creating
such nuisance. The person or parties shall be subject to jurisdiction
of the municipal court of the city and a fine or penalties may be
subjected against the person or parties as set out in Section 1.109
of this code. Provided that the person or parties causing or creating
such nuisance shall fail or refuse to abate, correct or remove such
nuisance, the city manager or his assigns shall oversee that such
nuisance is abated, corrected or removed and all cost accruing therein
shall be taxed against the person or parties causing or creating such
nuisance and collected by the municipal court as other costs along
with such fines or penalties as may be levied under provisions of
Section 1.109 of this code. Such nuisances are as herein set forth:
(1)
Dumping
of trash or refuse on any public rights-of-way.
(2)
The pollution
of any stream, drain or tributary which may constitute the source
of water supply of the city.
(3)
Sale or
discharge of any fireworks unless permitted by special permit from
the fire marshal.
(4)
Storage
or dumping of any hazardous chemical, gas, powder or other substance
as listed on the EPA hazardous chemical list, unless a special permit
is issued by a state agency and the city council or the fire marshal.
(5)
The open
discharge of sewerage or discharge of untreated sewerage from a septic
tank drain field.
(6)
The accumulation
of any filth of any kind, or cans, paper, paper containers, rubbish,
bottles or any other form of litter or waste matter.
(1995 Code of Ordinances, Title IX, Chapter 99, Section
99.01; Ordinance 96-8 adopted 3/26/96)
When the city council shall have legally declared any thing,
act or commission to be a nuisance and instructed the party guilty
of maintaining or creating such nuisance to abate or remove the same
within a designated reasonable time, and notice of such action shall
have been served upon the party to be so charged, and he shall fail
to obey the same within the time so reasonably designated, he shall
be deemed guilty of a misdemeanor.
(1995 Code of Ordinances, Title IX, Chapter 99, Section
99.02)
Whenever any nuisance has been declared to exist within the
city by the city council and such nuisance has been ordered to be
abated, corrected, or removed, and the person causing or creating
such nuisance shall fail or refuse to obey such order, the city council
shall direct the chief of police to abate the same, who shall proceed
at once to carry out such order, calling such assistance as he deems
necessary. All costs accruing therein shall be taxed against the person
causing or creating such nuisance and collected as other costs.
(1995 Code of Ordinances, Title IX, Chapter 99, Section
99.03)
