As used in this chapter:
"Person"
means a natural person, firm, partnership, association or
corporation.
"Person in charge of property"
means an agent, occupant, lessee, contract purchaser or other
person having possession or control of property or supervision of
a construction project.
"Person responsible"
means the person responsible for abating a nuisance, including:
2.
The person in charge of property, as defined in this chapter
or another ordinance of the City, to come into or continue in existence;
3.
The person who caused a nuisance, as defined in this chapter
or another ordinance of the City, to come into or continue in existence.
"Public place"
means a building, way, place or accommodation, publicly or
privately owned, open and available to the general public.
(Ord. 848-A § 1, 1989)
No person shall cause or permit a nuisance affecting public
health on property owned or controlled by the person. The following
are nuisances affecting public health and may be abated as provided
in this chapter.
A. Open
vaults or privies constructed and maintained within the City, except
those constructed or maintained in connection with construction projects
in accordance with state health division regulations.
B. Accumulations
of debris, rubbish, manure and other refuse that are not removed within
a reasonable time and that affect the health of the City.
C. Stagnant
water in an artificial container that affords a breeding place for
mosquitoes and other insect pests.
D. Pollution
of a body of water, well, spring, stream or drainage ditch by sewage,
industrial wastes or other substances placed in or near the water
in a manner that will cause harmful material to pollute the water.
E. Decayed
or unwholesome food offered for human consumption.
F. Premises
that are in such a state or condition as to cause an offensive odor
or that are in an unsanitary condition.
G. Drainage
of liquid wastes from private premises.
H. Cesspools
or septic tanks that are in an unsanitary condition or that cause
an offensive odor.
I. Mastics,
oil, grease or petroleum products allowed to be introduced into the
sewer system by a user connected to the sewer system.
(Ord. 848-A § 2, 1989)
No person shall create a hazard by:
A. Maintaining
or leaving, in a place accessible to children, a container with a
compartment of more than one and one-half cubic feet capacity and
a door or lid that locks or fastens automatically when closed and
that cannot be easily open from the inside.
B. Being
the owner or otherwise having possession of property on which there
is a well, cistern, cesspool, excavation, or other hole of a depth
of four feet or more, and a top width of 12 inches or more and failing
to cover or fence it with a suitable protective construction.
(Ord. 848-A § 10, 1989)
No person shall deposit, on public or private property, rubbish,
trash, debris, refuse or any substance that would mar the appearance,
create a stench or fire hazard, detract from the cleanliness or safety
of the property or would be likely to injure a person, animal or vehicle
traveling on a public way.
(Ord. 848-A § 13, 1989)
A. No person
shall keep junk outdoors on a street, lot, or premises or in a building
that is not wholly or entirely enclosed except for doors used for
ingress and egress.
B. The
term "junk," as used in this section, means and includes all old motor,
old motor vehicle parts, abandoned automobiles, old machinery, old
machinery parts, old appliances, parts, old iron or other metal, glass,
paper, lumber, wood or other waste or discarded material.
C. The
term "abandoned automobiles", as used in this section, means inoperable
and/or unregistered vehicles on private property.
(Ord. 848-A § 22, 1989; Ord. 1229 § 1, 2019)
At least five days prior to the meeting at which the nuisance determination described in Section
8.16.160(A) is made, the Auditor shall notify the owner or person in charge of the property involved of the time and place of the meeting. For the purposes of this section, notice is sufficient if it is:
A. Mailed
to the last known address of the owner or person in charge; or
B. Posted
at the site of the property involved.
(Ord. 848-A § 31, 1989)
If more than one person is responsible, they shall be jointly
and severally liable for abating the nuisance or for the costs incurred
by the City in abating the nuisance.
(Ord. 848-A § 34, 1989)
The procedure provided by this chapter is not exclusive, but
is in addition to procedure provided by other ordinances. The Chief
of the Fire Department, a law enforcement officer, or any other City
official may proceed summarily to abate a health or other nuisance
which unmistakably exists and which imminently endangers human life
or property.
(Ord. 848-A § 37, 1989)
A violation of a provision of this chapter is punishable by
a fine not to exceed $1,000.00.
(Ord. 848-A § 38, 1989)