(a) Whatever
is dangerous to human life or health, whatever renders the ground,
the water, the air, the food, a hazard or injury to human life or
health or that is offensive to the senses or that is or tends to become
detrimental to the public health is hereby declared to be a nuisance;
and the specific acts, conditions and deeds, as are set forth in this
article, are, among others, each declared to be a nuisance and prohibited.
(b) The violation of this section is hereby declared a misdemeanor offense punishable by a fine of not more than the amount set forth in section
1.01.009 of this code.
(1978 Code, sec. 13-20; Ordinance 501, sec. 1, adopted 2/9/88)
The following acts, commissions, omissions, conditions, and
deeds by any person shall be and are hereby declared to be nuisances:
(1) The
act of allowing to exist any full or overflowing privy, vault, cesspool,
or other receptacle for filth or human excrement, upon any premises
owned or controlled by any person;
(2) The
act of allowing to be pumped, or the contents of cesspools to flow,
over any premises for fertilizing or other purposes;
(3) Any
imperfect or faulty trap, or any trap in disrepair, any sink or water
closet, or any other drainage appliance or fixture within any house
or building from which there shall arise any foul or offensive gas
or odors;
(4) The
casting, draining, throwing or causing to be cast, drained, thrown
or distributed into any public street or highway, gutter, alley or
other public grounds any kitchen water, water from exhaust pipes,
laundry water, water from service stations and garages, air conditioners
or other wastewater, slops, swill or liquid filth;
(5) Whenever
any stable, stall, shed or enclosure, yard or appurtenance thereto,
in which any horse, cattle, cow or other animal is kept, or any place
in which manure or liquid discharge of such animals shall collect
and accumulate and which stable, stall, shed, enclosure, yard or appurtenance
thereto is not kept in a clean and sanitary condition or permitted
to remain in a condition which would constitute a breeding place for
flies, or is not kept in a clean and sanitary condition so that offensive
smells, odors or fumes cannot escape therefrom, it shall be deemed
a nuisance, provided, that nothing in this subsection shall be so
construed as to include manure deposits upon private property, otherwise
lawful, for the purpose of cultivation or to be used as fertilizer;
(6) The
suffering or permitting by any person, whether owner or agent of any
premises, occupied or unoccupied, of weeds, grass, or plants that
are not cultivated, to grow upon any premises to be a height of more
than twelve (12) inches on an average and to grow in rank profusion
thereon, and any such premises upon which any weeds, grass or plants
are permitted to grow above the height of twelve (12) inches or in
rank profusion shall be deemed a nuisance, dangerous to public health
and calculated to increase the fire hazard in the city;
(7) The
failure on the part of the owner, operator, agent or driver of any
truck, trailer or other vehicle that has been used for the hauling
of any livestock, animals or fowl, and when same has been parked in
or on any highway, street, alley, vacant lot, or tract of land, either
public or private, or in any service station or garage, to move such
truck, trailer or other vehicle, containing manure or excreta or liquid
discharge of such livestock, animals or fowl when notified by the
city health officer or the city administrator to move such truck,
trailer or other vehicle to such location as will not disturb the
inhabitants of the city by reason of the odor, gases or fumes caused
by the contents of said truck, trailer or other vehicle;
(8) The
allowing of paper, lumber, rocks and/or other trash or debris to accumulate
or remain on any piece of property in such a manner as to create a
harborage, or breeding place for rats;
(9) The
keeping or maintaining of a public restroom in an unsanitary condition;
(10) The allowing of animal feces to accumulate or animal urine residue
to accumulate on or within any residential or commercial building
to the extent that the immediately adjacent property is exposed to
its odor;
(11) The allowing of a building, either residential or commercial, to
be infested with rats, mice or cockroaches or to remain in such a
condition that it constitutes a breeding place for rats, mice or cockroaches.
(1978 Code, sec. 13-21; Ordinance
adopting Code)
(a) Whenever
any nuisance, either general in nature or specifically defined in
this chapter, shall exist within the city, the appropriate code enforcement
personnel or department shall notify the owner or occupant of the
premises where such nuisance exists and direct the removal or abatement
of the nuisance specific and shall describe a time frame within which
such removal or abatement shall be completed. The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner’s address as
recorded in the appraisal district records of the appraisal district
in which the property is located; or
(3) If personal service cannot be obtained:
(A) By publication at least once;
(B) By posting the notice on or near the front door of each building
on the property to which the violation relates; or
(C) By posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates.
(b) If the municipality mails a notice to a property owner in accordance with subsection
(a), and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(c) Should
the owner or occupant fail, neglect, or refuse to comply with the
action directed by the notice within the specified time frame, or
in the event the owner or occupant cannot be located, the city shall
cause such nuisance to be abated or removed and a lien shall be filed
of public record upon the property for the expense incurred.
(d) In
instances where properties are subject to being classified as “habitually
unhealthy premises” as herein defined, the city shall be required
to give no more than one notice annually by certified mail and may,
thereafter, during that calendar year, notify the owner or occupant
by regular mail of impending action by the city. “Habitually
unhealthy premises” are those whereon the city has documented
a history of 4 occurrences of violations of this article within the
preceding 24-month period.
(Ordinance 667, sec. 13-22, adopted 6/14/05; Ordinance adopting Code)
Every nuisance herein defined, whether generally or specifically, is prohibited and forbidden within the city, and any person making, causing, permitting or maintaining any of said nuisances shall be guilty of a misdemeanor and upon conviction thereof shall be fined as provided in section
1.01.009, and in the case of a continuing offense, each day same is continued shall constitute a separate offense.
(1978 Code, sec. 13-23)