ARTICLE F.  NUISANCESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216
5-1F-1: PUBLIC NUISANCE PROHIBITED AND DEFINED:
5-1F-2: NUISANCES DECLARED:
5-1F-3: NOTICE OF NUISANCE:
5-1F-4: COMPLAINT AND PENALTIES:
5-1F-5: REMOVAL OF WEEDS; COSTS; LIEN:
5-1F-6: REMOVAL OF NUISANCE BY CITY:
5-1F-7: INJUNCTIONS:
5-1F-8: CONFLICTING PROVISIONS:
5-1F-9: WAIVERS AND EXEMPTIONS PROHIBITED:

5-1F-1: PUBLIC NUISANCE PROHIBITED AND DEFINED:linklink


It is unlawful to commit public nuisance. Public nuisance consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either injurious to public health, safety, morals or welfare, or interferes with the exercise and enjoyment of public rights including the right to use public property. (Ord. 613, 3-14-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374011
5-1F-2: NUISANCES DECLARED:linklink

In the interest of the inhabitants of the city, it is necessary to prohibit the accumulation of junk, trash, weeds and refuse on property within the corporate limits of the city by declaring such accumulation a nuisance. The following are declared to be a public nuisance:


A. Unsanitary Premises: It shall be unlawful for any person to permit or cause to remain in or about his premises any solid waste, weeds, motor vehicles not in operating condition, wastewater or any conglomeration of residue thereof which emits odors or serves as a feeding or breeding place for flies, insects or rodents and which, in the opinion of the police department, building inspector/code enforcement officer or fire marshal is unsanitary or injurious to public health. The accumulation of building materials, pipes, lumber or boxes may be maintained on the premises if the accumulation is evenly piled and stacked for a reasonable length of time to be determined by the building inspector/code enforcement officer.


B. Hazardous Premises: It shall be unlawful for any person to permit in or about his premises weeds, briars, brush or any other solid waste to become in any way hazardous or injurious to public health or to obstruct pedestrian and vehicular traffic.


C. Weeds:

1. Definition: "Weeds", as used in this subsection, shall mean all rank, noxious, poisonous, harmful, unhealthful vegetation, or any growth whatsoever of an offensive nature or which is deleterious to health and safety.

2. Height Restrictions; Accumulation Prohibited: It shall be unlawful for any owner, having charge or control of any lot within the city to permit or maintain on any such lot, including the area located between the property line and the middle of the alley adjacent to the property, and the area located between the property line and the curb, and the area located ten feet (10') outside the property line where there is no curb, any growth of weeds to a greater height than eighteen inches (18"), or any accumulation of weeds which may constitute a fire hazard or public nuisance.

3. Duty Of Owner To Remove: It shall be the duty of the owner to cut the weeds and remove the cuttings or any accumulation of weeds or cause the weeds to be cut and cause the cuttings of any accumulation of weeds to be removed as often as necessary in order to comply with the provisions set out in subsection D2 of this section.

4. Methods Of Controlling Weeds: The approved methods of controlling weeds shall be mowing, cutting, digging or other methods designed to remove the weeds but not disturb other vegetation or unnecessarily disturb the soil.


D. Solid Waste1:

1. Unlawful Accumulation And Deposit:

a. It shall be unlawful for any person to allow any solid waste to accumulate upon premises owned, leased, rented or occupied by him during intervals between collection thereof, except in the manner provided in this chapter and title 7, chapter 4 of this code.

b. It shall be unlawful to deposit any solid waste in or upon the streets, alleys, sidewalks, gutters, curbing, storm sewers, parkways or vacant lots within the city, except in the manner and in the receptacles or containers as provided in subsections D2 and D3 of this section and title 7, chapter 4 of this code.

2. Solid Waste Receptacles: All solid waste receptacles shall be maintained in a clean and sanitary condition by the owner or person using the receptacle, and such receptacles shall be located only in such places as shall be readily accessible for removing and emptying the same, but shall not be placed in such place or position as may constitute a nuisance or obstruction to vehicular or pedestrian traffic. (Ord. 613, 3-14-2000; amd. 2002 Code)

3. Scattering Trash And Rubbish: It is unlawful for any person, except city employees or agents in the performance of their official duties, to scavenge, rummage through, collect or scatter garbage from any container placed or provided for the collection of garbage (as defined by section 7-4-1 of this code). Further, it is unlawful for any person to throw or permit to be deposited or scattered upon any sidewalk, alley, street or public property or upon the private property of another, any garbage, rubbish, waste, trash or other disposed material of any kind. (1996 Code § 9.12.030)


E. Outdoor Vehicle Storage:

1. Definitions: As used in this section, the following terms shall have the following meanings:

DISMANTLED OR PARTIALLY DISMANTLED VEHICLE: Any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing.

INOPERATIVE OR INOPERABLE MOTOR VEHICLE: Any motor vehicle which, by reason of dismantling, disrepair or other cause, is incapable of being propelled under its own power.

MOTOR VEHICLE: Any wheeled vehicle which is self-propelled or intended to be self-propelled.

2. Prohibition: It is unlawful for any person, firm, or corporation to store on, place on, or permit to be stored or placed on, or allowed to remain on any occupied or unoccupied land within the city limits, a dismantled, partially dismantled or inoperative motor vehicle, or any parts of a motor vehicle, except in areas where such activity is within the contemplated purposes of duly licensed businesses and where such vehicles are kept in wholly enclosed garages or structures. (Ord. 613, 3-14-2000; amd. 2002 Code)

3. Exceptions: Any person, being owner or tenant, may store, permit to be stored or allow to remain upon his premises, any dismantled, partially dismantled or inoperative motor vehicle, or parts thereof, for a period not to exceed one week if such motor vehicle is registered in his name; and provided further, that any such owner or tenant may, in the event of hardship, secure permission from the city to extend such period of time.

4. Provisions Are Additional: This subsection shall be construed as being supplementary to any sections of this chapter relating to rubbish, litter and refuse, and shall not be construed to permit the parking or placing of dismantled, partially dismantled or inoperable motor vehicles on any public street. (Ord. 613, 3-14-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374012
5-1F-3: NOTICE OF NUISANCE:linklink

Any city police officer, building inspector/code enforcement officer or fire marshal, upon observing any violation of this article, shall issue a notice directed to the owner of record of the property on which the nuisance occurs, or to the occupant or tenant of the property, or both. The notice shall describe the violation and shall establish a reasonable time limit for abatement thereof by the owner or occupant or tenants, which limit shall be no more than fifteen (15) days after date of mailing of the notice. A reasonable extension of time, not to exceed thirty (30) days, may be granted by the building inspector/code enforcement officer. The notice may be served either personally, or by regular first class mail, postage prepaid, addressed to the owner's or occupant's last known address. In the event the owner of the lot or tract cannot be determined or the owner does not respond to the notice of violation, such notice may be served by posting a copy of the written notice upon the premises. A notice may be given each time there is a violation. (Ord. 703, 6-14-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374013
5-1F-4: COMPLAINT AND PENALTIES:linklink

In the event the owner or occupant of the property where the nuisance violation of this chapter exists, has failed, within the prescribed time, to abate the nuisance, then any city police officer, building inspector/code enforcement officer or fire marshal shall file a complaint charging violation of this chapter with the municipal court demanding that the owner of the property, or the occupant thereof, or both, be held to answer to the court for the violation of this chapter. Upon conviction thereof, the owner shall be subject to penalty as provided in title 1, chapter 4 of this code; and each day on which such violation continues shall constitute a separate offense. These penalties shall be in addition to payment of any city costs for cutting or removal, or both. (Ord. 613, 3-14-2000; amd. 2002 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374014
5-1F-5: REMOVAL OF WEEDS; COSTS; LIEN:linklink

If the owner is notified and fails to comply with the provisions of this article within fifteen (15) days or, in those cases where the owner cannot be determined and compliance with the notice has not occurred within fifteen (15) days, the building inspector/code enforcement officer shall cause such weeds to be cut and the cuttings or any accumulation of weeds to be removed if such accumulation creates a fire hazard or a nuisance. In any event, should it appear to be a matter of public necessity for health or safety reasons, the city planner or building inspector/code enforcement officer may give notice that the weeds must be cut and/or removed immediately if circumstances warrant, in which event, should there be noncompliance, the building inspector/code enforcement officer is authorized to immediately cause such weeds to be cut and the cuttings or any accumulation of weeds removed, and the owner billed the actual costs plus a one hundred dollar ($100.00) administration fee. If the bill remains unpaid after thirty (30) days, double cost of the cutting or removal of weeds, administration fee, plus all other penalties or costs allowed by law in connection therewith shall, in the manner prescribed by law, become a lien upon the property from which such weeds were removed. (Ord. 703, 6-14-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374015
5-1F-6: REMOVAL OF NUISANCE BY CITY:linklink

In the event that a person is convicted of violating this article and still refuses to remove the junk, trash, weeds or refuse, the city may enforce this section in any manner consistent with law. Should the person refuse or fail to pay the assessment, the city shall collect such assessment as provided by law. (Ord. 613, 3-14-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374016
5-1F-7: INJUNCTIONS:linklink

When a nuisance exists as set forth in this article, the chief of police, any city police officer, the building inspector/code enforcement officer or fire marshal may maintain a complaint in the name of the city, perpetually, to enjoin all persons from maintaining or permitting the nuisance and to abate the same. (Ord. 613, 3-14-2000; amd. 2002 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374017
5-1F-8: CONFLICTING PROVISIONS:linklink

Any city ordinance or part of ordinance which is in conflict with the provisions of this article is hereby superseded to the extent that this article provides more specific standards or stricter standards of compliance. (Ord. 613, 3-14-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374018
5-1F-9: WAIVERS AND EXEMPTIONS PROHIBITED:linklink

No waivers or exceptions to the provisions of this article may be granted by the city or the city council. (Ord. 613, 3-14-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41216#s374019


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See title 7, chapter 4 of this code for garbage collection and disposal provisions.