Whatever annoys, injures or endangers the safety, health, comfort or
repose of the public, interferes with or destroys or renders dangerous any
street, highway or navigable stream, allows accumulation of junk or obnoxious
matters on private property or in any way renders the public insecure in life
or property is hereby declared to be a public nuisance. Public nuisances shall
include, but shall not be limited to, whatever is forbidden by any provision
of this chapter and the common and statute law of the state.
No person shall maintain any structure which is unsafe or which is a
menace to the health, morals or safety of the public.
No person shall, within the limits of the city, by himself or herself
or another, throw, place, deposit or leave in any street, lane, alley or other
public place any animal or vegetable substance, dead animal, fish, shavings,
dirt, rubbish, excrement, filth, unclean or nauseous water or liquor, hay,
straw, soot, offal, garbage or swill or any other article or substance whatever
which may cause any offensive, unwholesome or nauseous odor or endanger the
health of the public.
No person shall, by himself or herself or by another, throw, place,
deposit or leave in any street, highway, lane, alley or other public place,
or in any private place or premises, any glass, broken or unbroken, or any
metal, stone, earthenware, tacks, cinders or other substances of a nature
likely to cause injury to travelers or pedestrians, automobiles, bicycles
or vehicles or to injure any horse or other animal or which might injure,
cut or puncture any pneumatic tire.
If any lands, excavations, cellar, vault, sewer, drain, place or premises
within the city shall be damp, unwholesome, offensive or filthy or shall be
covered during any portion of the year with stagnant or impure water or shall
be in such condition as to produce offensive exhalations, the Health Officer
or City Council may require the same to be drained, filled up, cleansed or
purified by the owner, occupant or person in charge of such lot, premises
or place.
[Amended 6-25-1991 by Ord. No. 1018]
A. When any officer of the city shall determine that there
exists a nuisance within the meaning of this chapter and Code, such officer
shall order such person or persons responsible for such nuisance to immediately
cease the activity causing such nuisance or to abate the nuisance in accordance
with the officer's requirements, or such officer shall cause a notice
to be served on the owner or occupant of the premises on which said nuisance
exists, requiring such person to abate said nuisance within the time specified
in the notice. Service of the notice shall be made:
(1) By delivering the notice to the owner or occupant personally
or by leaving the same at his or her residence, office or business with some
person of suitable age and discretion.
(2) By mailing said notice by registered mail to such owner
or occupant at his or her last known address.
(3) If the owner or occupant is unknown, by posting said
notice in some conspicuous place on the premises for five days.
B. Whenever such person fails to immediately cease the activity
causing the nuisance or to abate the nuisance in accordance with any verbal
order or written notice, the city may do so, and the costs thereof shall be
charged against the owner or occupant as a special assessment.
Any person convicted of a violation of this chapter shall, in addition to the remedies herein prescribed, be punished as provided in Chapter
1, General Provisions, Article
I. Each act of violation and every day upon which this violation shall occur, after notice to abate the nuisance has been given, shall constitute a separate offense.