Whatever is dangerous to human life or health, or whatever renders
the ground, the water, the air, or food a hazard or injury to human
life or health or that is offensive to the senses or that is or threatens
to become detrimental to the public health, is hereby declared to
be a nuisance, as such, liable to be abated. Any person guilty of
causing, permitting, or suffering a nuisance to exist upon any premises
or upon any building occupied or controlled by him or in any street,
alley, sidewalk, or gutter immediately adjacent to such premises in
violation of this article, shall, upon conviction, be deemed guilty
of a class C misdemeanor.
(Ordinance 09-034, art. III, adopted 7/13/09)
The following are specifically declared to constitute public
nuisances and are prohibited within the city limits and within the
extraterritorial jurisdiction:
(1) Bakeries,
restaurants, food markets, and other places where food is prepared,
kept for sale, or served and not kept in a clean, sanitary condition,
or in which persons who do not have valid health certificates or who
have any communicable disease are employed, or in connection with
which suitable sanitary toilet facilities are not provided, or in
which there is evidence of insects, flies, rats, mice, or vermin and
with food which is accessible to their contamination or such establishment
operated without a valid health permit.
(2) Spoiled
diseased meats or other foods, whether stored or offered for sale
or being transported for purpose of sale.
(3) Barns,
stables, hog pens, chicken yards, cow lots, manure piles, or any accumulations
of organic materials of whatever kind, so maintained as to be breeding
places of insects, flies, or mosquitoes or convenient harborage for
rats and mice.
(4) The
discharge or exposure of sewage, human excreta, wastewater, garbage,
or other organic filth into or on any place in such a manner that
transmission of disease from the infected material may result, or
the placing, dumping, or discharging of such materials into any lake,
pond, creek, stream, river, ditch or any other natural or manmade
watershed or area that is likely to cause the material to enter same.
(5) Privies
not protected against flies or privies and cesspools the drainage
from which is likely to pollute the soil, surface water, or water
supply from which water for public or private consumption is obtained.
(6) All
cellars, vaults, drains, pools, privies, sewers, yards, grounds, or
premises which have for any cause become foul, nauseous, or not provided
with adequate means of ingress or egress or not sufficiently supported,
ventilated, sewered, drained, cleaned, or lighted.
(7) The
transportation of garbage, human excreta, or other organic waste,
except in tight covered wagons or containers which prevent leakage
or access to flies.
(8) Hide
houses, bone boiling, or rendering establishments, tallow soap work,
or other trades deleteriously affecting public health.
(9) All
carcasses, all decaying flesh, fish, fowls, fruit, or vegetables,
all deposits of manure, all flesh of any kind or description whatsoever,
all filthy or offensive water or slops in any private yard or premises,
and all other unwholesome substances when thrown upon or conducted
into or upon any street, alley, public ground, or enclosure in such
manner as to render such substances unwholesome and offensive or liable
to become unwholesome or offensive.
(10) The act of burning any substance of any kind which may cause or produce
an offensive smell, smoke, or odor capable of annoying persons living
in the vicinity or persons passing along the streets, alleys, or public
thoroughfares.
(11) The act of scattering or distributing any medicines, upon the street,
sidewalks, alleys, or within any right-of-way, or within the public
buildings or grounds within the city.
(12) To throw or place in any street, alley, drainage ditch, or gutter
any trash, tin, shavings, refuse, or other matter whatsoever so as
to prevent the free passage of water or cause the same to stagnate
therein. It shall likewise be unlawful for any person installing or
repairing water, gas, or service pipes to leave any street, alley,
drainage ditch, or gutter in such condition as to impair the drainage
of same.
(13) Displaying or sale of food in the open air, unless in proper cases
constructed so as to protect such food from insects, flies, dust,
filth, dogs, rodents, and insects or without a valid permit for such
display or sale.
(14) The act of conducting any business or enterprise upon any premises
or within any building which through negligence allows paper, paper
cups, or any other debris to escape from such premises or building
and litter any sidewalk, alley, street, or other public place or private
property.
(15) Producing or allowing to be produced any unreasonable noxious, unpleasant,
or strong odor which causes material distress, discomfort, or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(16) Allowing of any animal, dead of disease or other cause and not slaughtered
for food, to remain upon any premises for a period of more than twenty-four
(24) hours.
(Ordinance 09-034, art. III, adopted 7/13/09)
Every person owning or possessing any place in or on which a
nuisance exists as described in this article shall, as soon as its
existence comes to his knowledge, proceed at once to abate the nuisance.
In the event that any person fails to comply with the provisions of
this article, the health officer or in any case not related to food
the director may at his discretion:
(2) Issue
one or more court citations for violation of the article without prior
notice.
(3) Commence
abatement action and proceed with abatement of the nuisance.
(4) Request
the city attorney to institute suit for injunctive relief or civil
remedies as provided by this code and state law.
(Ordinance 09-034, art. III, adopted 7/13/09)
If the owner of land fails to comply with the requirements of
this chapter, the director or health officer shall follow the notice
of violation, abatement, and lien procedures outlined in section 107
of the Property Maintenance Code.
(Ordinance 09-034, art. III, adopted 7/13/09)