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:
(1) 
Issue a warning notice.
(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)