Article II Nuisances

It is hereby determined and declared that the keeping of any debris, garbage or junk out of doors on any street, public sidewalk, lot, or premises within the city, is a nuisance and is unlawful.

The following shall be removed, and shall be kept removed, unless specifically authorized by ordinance to do otherwise:

(a)

Debris.

Accumulations of litter, scrap materials (such as wood, metal, paper, glass, and plastics), empty containers (such as glass, plastic, or metal), pieces of asphalt, concrete, lumber or other building supplies, junk, combustible materials, and stagnant water.

(ii)

All dead bushes, dead trees, stumps, and yard clippings or cuttings of plant material; except for such material which:

(A)

Is being maintained as part of a naturescaped property;

(B)

Does not result in a nuisance as otherwise defined in this code; and

(C)

Is located on a property which is otherwise substantially in compliance with this chapter.

(iii)

The remains of something broken down or destroyed; or the accumulations of any other items not designed for outdoor storage.

(b)

Garbage.

All household garbage, offal, dead animals, animal and/or human waste, food waste, refuse, rubbish, trash, and all other useless or discarded material.

(c)

Junk.

Accumulations of wood pallets.

(ii)

All firewood that is not stacked and useable. “Useable” firewood has more wood than rot and is cut to lengths that will fit an approved fireplace or wood stove on the property.

(iii)

All inoperable motor vehicles, in which multiple major components are defective or removed for more than 30 consecutive days; any motor vehicle which has been unlicensed for more than 30 consecutive days; defective motor vehicle parts, abandoned automobiles, used tires, inoperable and defective machinery, or parts thereof, inoperable and defective appliances and parts thereof, metal portions of inoperable machinery.

(iv)

All construction materials, except those that are stored in a manner to protect their utility and prevent deterioration, which are reasonably expected to be used at the site.

(v)

All appliances or appliance parts except for storage of appliances that are reasonably expected to be used at the site and are stored in a manner to protect their utility and prevent deterio-ration.

(vi)

All furniture, except that which is stored in a manner to protect its utility and prevent deterioration and is reasonably expected to be used at the property.

(vii)

All empty glass, plastic, or metal containers.

(viii)

All other nontrash items which:

(A)

Are of a type or quantity inconsistent with normal and usual use; or

(B)

Are likely to obstruct or impede the necessary passage of fire or other emergency personnel.

§ 8.01.025 Noxious vegetation, weeds, and tall grass.

When it is determined that a nuisance caused by the presence of debris, garbage or junk exists and there is no imminent danger to human life, safety or to property, the city manager or their designee shall issue a citation to the owner or person in charge of property.

(a)

Upon the first offense, a 30-day notice shall be issued, with the citation, to allow the owner or person in charge of the property to abate the nuisance. If the owner or person in charge of the property completes abatement of the nuisance within the 30 days, the courts shall dismiss the citation.

(b)

If special circumstances exist, a one time, up to 30-day extension may be granted to abate the nuisance.

(c)

Any additional offenses by an owner or person in charge of a property shall remove the possibility of citation dismissal and abatement extension.

(d)

When an owner or person in charge of property does not abate the nuisance, as defined in subsection (3)(a), (b) or (c) of this section, the city manager or their designee should proceed with abatement as set forth in Chapter 8.37 AMC.

(4)

Placing items under a tarp or within a tarp structure does not remedy violations of this sec-tion. If compliance is met with the use of a structure, such structure shall be wholly enclosed except for doors used for ingress and egress and its use shall not constitute a violation of any other local, county, or state code.

(5)

This provision does not apply to junk kept at a duly licensed junk yard or automobile wrecking house.

(Ord. 5991 § 2, 2022; Ord. 6029, 2023)

It is hereby determined and declared that weeds, tall grass, or other noxious vegetation are a public nuisance under any of the following conditions:

(a)

When excess vegetation is determined by the fire chief or their designee to be a fire haz-ard;

(b)

When vegetation creates a public safety concern such as, but not limited to, blocking the view of oncoming traffic, blocking the public right-of-way, or blocking vision clearance areas around intersections and driveways; or

(c)

When grass is in excess of 10 inches.

Exceptions can be granted for parcels of land used for agricultural purposes.

It is unlawful for the owner or any person in possession or control of any lot or premises within the city to maintain a lot or premises which is determined to be a fire hazard or safety hazard as defined above.

§ 8.01.035 Deposit of offensive substances.

Violation of this section shall be an infraction.

(Ord. 5991 § 2, 2022)

§ 8.01.030 Holes, tanks, and traps.

All holes, cisterns, open cesspools, open or unsanitary septic tanks, excavations, open founda-tions, refrigerators, freezers, or iceboxes with unlocked attached doors, and any other similar substance, material, or condition which may endanger neighboring property or the health or safety of the public or the occupants of the property should be removed or filled, where filling will abate the nuisance.

(Ord. 5991 § 2, 2022)

It is unlawful for any person to put any animal carcass or part thereof, or any excrement, or any putrid, nauseous, decaying, deleterious, or offensive substances in any stream, well, spring, brook, ditch, pond, or other inland waters within the corporate limits of the city, or to place any such substance in such position that high water or natural seepage will carry the same into any such waters.

(Ord. 5991 § 2, 2022)

§ 8.01.040 Drainage of surface waters.

It is unlawful for the owner, lessee, or occupant of any building or structure to suffer or permit rainwater, ice, or snow to fall from any such building or structure upon any street or sidewalk or to flow across any such sidewalk, and every such owner, lessee, or occupant shall at all times keep and maintain in a proper state of repair adequate drainpipes or a drainage system sufficient to carry to the street, or other approved drainage facility, any overflow water accumulating on the roof or about such building.

(Ord. 5991 § 2, 2022)

§ 8.01.045 Creating a hazard.

A person commits the crime of creating a hazard if:

It is unlawful for any person to create a hazard.

They intentionally maintain or leave 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 which locks or fastens automatically when closed and which cannot be easily opened from the inside; or

§ 8.01.050 Injurious substances on street.

Being the owner or otherwise having possession of property upon which there is a well, cis-tern, cesspool, excavation or other hole of a depth of 4 feet or more and a top width of 12 inches or more and they intentionally fail or refuse to cover or fence it with a suitable protective construction.

(Ord. 5991 § 2, 2022)

It is unlawful for any person, firm, or corporation to permit to accumulate in or upon any yard, lot, or place, or premises on any street, alley, or sidewalk adjacent to or abutting upon any lot, block, place, or premises owned or controlled by them, any stagnant water or filth of any kind or to suffer or permit such premises to be or remain in such condition as to cause or produce or create noisome or offensive smell.

(Ord. 5991 § 2, 2022)

§ 8.01.055 Ongoing sale of household items (garage sales) deemed a nuisance.

It is unlawful to offer, from a residential address, household items for sale to the general public more than three times per calendar year and in excess of three consecutive days per event.

Items offered for sale shall not be displayed or stored in the public right-of-way, in a clear vision area, or on another’s property without the owner’s permission.