PERSON IN CHARGE OF PROPERTY. An agent, occupant, lessee, contract purchaser, or other person having possession or control of property or supervision of a construction project.

PERSON RESPONSIBLE. The person responsible for abating a nuisance includes:

(1) The owner;

(2) The person in charge of property, as defined in this section; and/or

(3) The person who caused a nuisance, as defined in this subchapter or another ordinance or another ordinance of the city, to come into or continue in existence.

PUBLIC PLACE. A building, way, place, or accommodation, publicly or privately owned, open and available to the general public.

(Ord. 20.01, passed 1-8-1991)

§ 90.02 NUISANCES AFFECTING PUBLIC HEALTH.

(A) No person shall cause or permit a nuisance affecting public health on property owned or controlled by the person.

(B) The following are nuisances affecting public health and may be abated as provided in this subchapter:

(1) 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;

(2) Accumulations of debris, rubbish, manure, and other refuse that are not removed within a reasonable time and that affect the health of the city;

(3) Stagnant water that affords breeding places for mosquitoes and other insect pests;

(4) 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;

(5) Decayed or unwholesome food offered for human consumption;

(6) Premises that are in such a state or condition as to cause an offensive odor or that are in an unsanitary condition;

(7) Drainage of liquid wastes from private premises;

(8) Cesspools or septic tanks that are in an unsanitary condition or that cause an offensive odor; and

(9) Mastics, oil, grease, or petroleum products allowed to be introduced into the sewer system by a user connected to the sewer system.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.03 CREATING A HAZARD.

No person shall create a hazard by:

(A) Maintaining or leaving, in a place accessible to children, a container with a compartment or more than 1 and 1/2 cubic feet capacity and a door or lid that locks or fastens automatically when closed and that cannot be easily opened from the inside; and/or

(B) Being the owner or otherwise having possession of property on which there is well, cistern, cesspool, excavation, or other hole of a depth of 4 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. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.04 ATTRACTIVE NUISANCES.

(A) No owner or person in charge of property shall permit on the property:

(1) Unguarded machinery, equipment, or other devices that are unattractive, dangerous, and accessible to children; and/or

(2) Lumber, logs, or piling placed or stored in a manner so as to be attractive, dangerous, and accessible to children.

(B) This section does not apply to authorized construction projects with reasonable safeguard to prevent injury or death to playing children.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.05 NOXIOUS VEGETATION.

(A) No owner or person in charge of real property shall allow noxious vegetation on the property. Noxious vegetation is declared a nuisance.

(B) The owner or person in charge of real property shall abate noxious vegetation from the property. The owner and the person in charge shall be jointly and severally liable for the cost of abatement as provided in this subchapter.

(C) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

NOXIOUS VEGETATION.

(a) Vegetation that is or is likely to become:

1. A health hazard;

2. A fire hazard; and/or

3. A traffic hazard, because it impairs the view of the public thoroughfare, or otherwise makes use of the thoroughfare hazardous.

(b) Poison oak;

(d) Blackberry bushes that extend into a public way, a pathway frequented by children, cross a property line, or that are used for a habitation by trespassers.

(D) No owner or person in charge of property shall allow noxious vegetation to be on the property or in the right-of-way of a public thoroughfare abutting on the property. An owner or person in charge of property shall cut down or destroy noxious vegetation as often as needed to prevent it from becoming a health or fire hazard, or, in the case of weeds or other noxious vegetation, from maturing or from going to seed.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.06 SCATTERING RUBBISH.

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. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.07 TREES.

(A) No owner or person in charge of property that abuts on a street or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk traffic. An owner or person in charge of property that abuts on a street or public sidewalk shall keep all trees and bushes on the premises, including the adjoining parking strip, trimmed so that any overhanging portions are at least 8 feet above the sidewalk and at least 12 feet above the roadway.

(B) No owner or person in charge of property shall allow a dead or decaying tree to stand if it is a hazard to the public or to persons or property on or near the property.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.08 FENCES.

(A) No owner or person in charge of property shall construct or maintain a barbed-wire fence, or permit barbed-wire to remain as part of a fence, along

a sidewalk or public way; except the wire may be placed above the top of other fencing not less than 6 feet, 6 inches high.

(B) No owner or person in charge of property shall construct, maintain, or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.09 SURFACE WATERS, DRAINING.

(A) No owner or person in charge of a building or structure shall permit rainwater, ice, or snow to fall from the structure onto a street or public sidewalk.

(B) The owner or person in charge of property shall install, and maintain in a proper state of repair, adequate drainpipes or a drainage system.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.10 DEFECTIVE SIDEWALKS; SNOW AND ICE.

(A) No owner or person in charge of property, improved or unimproved, abutting on a public sidewalk, shall permit:

(1) Snow to remain on the sidewalk for a period longer than the first 2 hours of daylight after the snow has fallen; and/or

(2) Ice to remain on the sidewalk for more than 2 hours of daylight after the ice has formed, unless the ice is covered with sand, ashes, or other suitable material to assure safe travel.

(B) No owner of property, improved or unimproved, abutting on a public sidewalk shall permit the sidewalk to deteriorate to such a condition that, because of cracks, chipping, weeds, settling, covering by dirt, or other similar occurrences, the sidewalk becomes a hazard to persons using it.

(C) The city shall not be liable to any person for loss or injury to a person or property suffered or sustained by reason of any accident on sidewalks caused by ice, snow, encumbrances, obstructions, cracks, chipping, weeds, settling, holes covered by dirt or other similar conditions. Abutting property owners shall maintain the sidewalks.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.11 RADIO AND TELEVISION INTERFERENCE.

(A) No person shall operate or use an electrical, mechanical, or other device, apparatus, instrument, or machine that causes reasonable preventable interference with radio or television receiver of good engineering design.

(B) This section does not apply to devices licensed, approved, and operated under the rules and regulations of the Federal Communications Commission.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.12 JUNK.

(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 or egress.

(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

JUNK. Includes all old motor vehicles, old motor vehicle parts, abandoned automobiles (undrivable or unlicensed), old machinery, old machinery parts, old appliances or appliance parts, old iron or other metal, glass, paper, lumber, wood, or other waste or discarded material.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.13 NOTICE AND ADVERTISEMENTS.

(A) No person shall affix or cause to be any placard, bill, advertisement, or poster upon any real or personal property, public or private, without first securing permission from the owner or person in charge of property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the city regulating the use of a location of signs and advertising.

(B) This section shall not be construed to prohibit the distribution of material during any parade or public gathering.

(Ord. 20.01, passed 1-8-1991) Penalty, see § 90.99

§ 90.14 UN-ENUMERATED NUISANCES.

(A) The acts, conditions, or objects specifically enumerated and defined in §§ 90.02 through 90.13 are declared public nuisances and may be abated by the procedures set forth in division (B) below and §§ 90.15 through 90.23.

(B) In addition to the nuisances specifically enumerated in this subchapter, every other thing, substance, or act that is determined by the Council to be injurious or detrimental to public health, safety, or welfare of the city is declared a nuisance and may be abated as provided in this subchapter.

(Ord. 20.01, passed 1-8-1991)

§ 90.15 NOTICE OF NUISANCE DETERMINATION.

(A) At least 5 days prior to the meeting at which the nuisance determination is made, the Recorder shall notify the owner or person in charge of the property involved of the time and place of the meeting.

(B) For the purposes of this section, notice is sufficient if it is:

(1) Mailed to the last known address of the owner or person in charge; or

(2) Posted at the side of the property involved.

(Ord. 20.01, passed 1-8-1991)

§ 90.16 NOTICE TO ABATE.

(A) On determination by the Council that a nuisance exists, the Council shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance.

(B) At the time of posting, the City Recorder shall cause a copy of the notice to be forwarded by registered or certified mail to the person responsible at the person’s last know address.