(a)
Property blight is hereby declared a public nuisance. Any property upon which there exists property blight as set forth in the provisions of this chapter is hereby declared and determined to be a nuisance.
(b)
No person shall cause, permit, or allow a public nuisance under this chapter on any lot or parcel of land, premises, or any public place within the city limits.
(c)
No person, whether as owner, agent, manager, operator, lessee, tenant, sublessee, or occupant in possession of a property, shall maintain a blighted property or cause or permit property to be maintained as a blighted property.
(d)
The existence of any one or more of the following listed conditions or activities, within the city limits shall constitute property blight and therefore are hereby declared nuisances, are prohibited activities, and therefore illegal:
(1)
Graffiti.
Allowing any part of the property or premises, including any building, wall, fence, sidewalk, driveway, or structure located on the property, that is visible from a street or neighboring property, to contain graffiti.
(2)
Unclean premises and accumulation of litter, trash, or rubbish.
(A)
Allowing any public or private property, premises, yards, lots, alleys, tracts, parcels, or any portions thereof, stables, animal pens or enclosures for animals to become offensive to persons of ordinary sensibilities due to objectionable odors or accumulation of waste and fecal matter.
(B)
Allowing any public or private property, yards, lots, premises, alleys, tracts, parcels of land or any portion thereof or any cellars, vaults, drains, pools, wells, cisterns, privies, sewers, grounds, premises, or buildings of any character, to contain accumulations of litter, limbs, unsanitary matter of any kind, refuse, garbage, rubbish, junk, dead carcasses, decaying flesh, fish, fowls, vegetables, stagnant water or other stagnant or unsanitary liquids or unsanitary water on the ground or in a vessel, flammable liquids, slops, trash, or other deposits or substances of any and every character, which are likely to or do become unwholesome, filthy, unsightly, offensive, or unsanitary or likely to create or engender disease or that are a nuisance as defined in section 6.01.001.
(C)
Unclean premises shall also be areas or conditions that harbor rodents or parasitic insects, or that promote mosquito breeding; or contain dilapidated fences, or poison oak or poison ivy or other poisonous plants within 50 feet of a structure or fence line.
(D)
All litter must be contained in an approved receptacle and shall not be kept in such a manner as to allow it to be blown, carried, or deposited by the wind or the elements upon any private or public property or any right-of-way.
(3)
Appliance storage.
Allowing any unused, or broken, discarded or abandoned refrigerator, freezer, water heater, dishwasher, range, oven, trash compactor, washing machine, clothes dryer or similar appliance to be located in the front, rear or side of the yard, including porches and unsecured garages, of any premises used as a residence or on a vacant lot.
(4)
Storage under carports or other covered areas.
Storage or accumulation outside of an enclosed structure, including the storage or accumulation under a carport or covered patio or other projecting overhang, of any lot, tract, or parcel of land or portion thereof, of any objectionable, impure, unwholesome, filthy, unsanitary matter, junk, garbage, refuse, or rubbish including the storage or accumulation of the following items that present health or safety hazards:
(A)
Broken, inoperable, deteriorated, dismantled or discarded indoor (nonweather resistant) furniture, appliances, machines, tools, boxes and cartons, and lawn maintenance equipment, barbeques, cooking equipment;
(B)
Used, deteriorated or discarded building materials or supplies;
(C)
Wet, broken or leaking barrels, casks, or boxes;
(D)
Used, discarded, or broken automotive parts or equipment including engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps and other motor vehicle parts;
(E)
Trash, garbage, junk, rubbish, or other refuse;
(F)
Firewood that is not stacked a minimum of twelve (12) inches off the ground; or
(G)
Any other material which tends to decay or become putrid or provides harborage for rodents and other vermin or is impure.
(5)
Other enumerated nuisances.
Subsection (A) through (P) below are also designated as acts or conditions which constitute nuisances contributing to property blight:
(A)
Every pen, kennel, or other enclosure in which any fowl or animals are kept, and in which the odor from animal wastes is such that it disturbs or offends a person of normal nervous sensibilities and ordinary tastes, habits, and modes of living.
(B)
Every trade, business, or occupation injurious to the health or comfort of a person of normal nervous sensibilities and ordinary tastes, habits, and modes of living.
(C)
Vegetation growing at or near intersections in such a manner as to obstruct the view of approaching traffic from the right or left.
(D)
Any building, structure, or basement, or any part thereof used to house people or in which people work, that has inadequate means of ingress and egress, or is insufficiently supported, ventilated, drained, cleaned, lighted, or which is within the required distance of and is not connected to the city’s sewer system.
(E)
Any article or substance placed upon any public street, except such articles as are permitted by ordinance of the city, in such manner as to obstruct the free passage upon such street.
(F)
The act of allowing any weeds, grass, or undergrowth to remain on any sidewalk or to grow over any curb in front of or at the side of any premises owned by such persons, or in the street or in front of or at the side of any premises owned or controlled by such person, or upon any alley to the middle thereof that may be at the rear or side of any lots owned or controlled by such person.
(G)
The act of sweeping or depositing any trash, refuse, paper, rubbish, or lawn and garden clippings into any public street or other public place and allowing the same to remain.
(H)
The act of scattering, distributing, or affixing any advertisements, circulars, handbills, printed or written announcements, or paper of like character, upon the public streets or within or on public buildings, signs, monuments, or grounds within the city limits except as allowed for under any sign ordinance adopted by the city.
(I)
The act of the owners or possessors of any animal, which may die within the city to fail to have the carcass of same, removed and lawfully disposed of within twelve (12) hours after the death of said animal.
(J)
Leaving fill material ungraded and unleveled for more than thirty (30) days from placement thereof.
(K)
Any other act or thing done or suffered within the city which may interfere with the enjoyment of life by any member of the community, or by any person, who may thereby be deprived of his/her right to be free from foul, noxious, or offensive or unpleasant odors or vapors, and to breathe fresh air and to be free from the sight of foul or offensive objects and substances.
(L)
The act of placing or permitting to remain outside any dwelling, building, or structure or within any warehouse or storage room or any unoccupied or abandoned dwelling, building, or other structure, under circumstances as to be accessible to children, any icebox, refrigerator, freezer, or other airtight or semi airtight container.
(M)
The act by an owner or person in control of property to allow fallen trees, fallen tree limbs, or fallen branches, brush or underbrush growth to accumulate upon such premises.
(N)
The act of keeping, storing, or accumulating refuse on premises in a neighborhood unless the refuse is entirely contained in a closed receptacle.
(O)
The act of maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease carrying pests.
(P)
The act of permitting vacant or abandoned property owned or controlled by the person to be in a condition that will create a public health nuisance or other condition prejudicial to the public health, safety or welfare.
(6)
High weeds.
The act of failing to maintain any lot, premises, tract, parcel of land, or portion thereof, occupied or unoccupied, improved or unimproved property free of uncultivated weeds, grass, undergrowth, vines, bushes, or shrubs over twelve (12) inches tall.
(7)
Littering by depositing or dumping.
The act of throwing, depositing, dropping, sweeping, or placing any litter or junk into or on any private or public property, right-of-way, street, alley, sidewalk or other place. All litter shall be disposed of in an approved receptacle. The act also includes failure to deposit any litter, refuse, or trash into an approved receptacle in such a manner to prevent said litter, refuse, or trash from being deposited outside of the receptacle due to the elements.
(8)
Vehicle spillage.
Causing or allowing any items to be dropped or to fall from a vehicle upon any street, alley, or other public way or upon the private property of any person without that person’s effective consent.
(9)
Defecating or urinating in public places.
Defecating or urinating upon any street, alley, park, premises or any public grounds, right-of-way or upon any place visible to persons from any public street, right-of-way or other public place or private residence.
(10)
Allowing stagnant water to accumulate.
The act of allowing on any lot, tract, parcel of land or premises within the city limits to allow holes, containers, or other various receptacles that contain stagnant water that may produce disease or that promotes the breeding of mosquitoes to exist on such lot, tract, parcel of land or premises.
(11)
Dropping litter from aircraft.
The act of throwing out, dropping or depositing from an aircraft any litter, handbills, or any other object.
(12)
Throwing, depositing, handbills in public places.
The act of throwing or depositing any commercial or noncommercial handbills in or upon any sidewalk, street, or other public place.
(13)
Openings in streets, sidewalks, property, alley, or other rights-of-way.
The act of keeping or leaving open or unclosed any vault, hole, cellar, or other opening on any property, street, right-of-way, sidewalk, or alley, unless the same be sufficiently protected and guarded to insure safety to all passing by or near the same.
(14)
Nuisance tarps.
The act of using nuisance tarps, tarps, or other similar material to hide or cover any of the conditions or to block from view any of the acts or conditions prohibited as nuisances in this article.
(15)
Failure to maintain fencing.
The act of maintaining, continuing, or keeping a dilapidated fence on any land, public or private, or on any parcel, lot, tract, premises, or any portion thereof.
(16)
Interference with abatement or threatening retaliation or harm.
The act of interfering in any way with the abatement of any nuisance by the city, its contractors, agents, employees, or its designees or the act of threatening any harm or retaliation to any city employee, contractor, agent, or designee before, during, or after the abatement process performed on behalf of the city. The actions prohibited herein may also subject the actor to prosecution under the penal code.
(Ordinance 318DG adopted 2/10/14)