[R.O. 2009 §220.050; CC 1976 §14-19; Ord. No. 1151 §1, 8-1-1983; Ord.
No. 2572 §1, 3-2-2015]
A.
For the purposes of this Article, the word "nuisance" is hereby defined
as any person doing an unlawful act, or omitting to perform a duty,
or suffering or permitting any condition or thing to be or exist,
which act, omission, condition, or thing either:
1.
Injures or endangers the comfort, repose, health, or safety
of others; or
2.
Offends decency; or
3.
Is offensive to the senses; or
4.
Unlawfully interferes with, obstructs, or tends to obstruct,
or renders dangerous for passage any public or private street, highway,
sidewalk, stream, ditch, or drainage; or
5.
In any way renders other persons insecure in life or the use
of property; or
6.
Essentially interferes with the comfortable enjoyment of life
and property, or tends to depreciate the value of the property of
others.
[R.O. 2009 §220.060; CC 1976 §14-20; Ord. No. 1151 §1, 8-1-1983; Ord.
No. 2100 §1, 12-6-2004; Ord. No. 2572 §1, 3-2-2015; Ord. No. 2690, 10-2-2017]
A.
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property of any of the following
items, conditions or actions are hereby declared to be and constitute
a nuisance; provided, however, this enumeration shall not be deemed
or construed to be conclusive, limiting or restrictive:
1.
Accumulation of rubbish, trash, refuse, junk and other abandoned
materials, metals, lumber or other things.
2.
Any condition which provides harborage for rats, mice, snakes
or other vermin.
3.
All unnecessary or unauthorized noises and annoying vibrations,
including animal noises.
4.
All disagreeable or obnoxious odors and stenches, as well as
the conditions, substances or other causes which give rise to the
emission or generation of such odors and stenches.
5.
The carcasses of animals or fowl not disposed of immediately
after death.
6.
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, dead animals, creamery, industrial waste
or other substances.
7.
Any building, structure or other place or location where any
activity which is in violation of local, State or Federal law is conducted,
performed or maintained.
8.
Any accumulation of stagnant water permitted or maintained on
a lot or piece of ground.
9.
Dense smoke, noxious fumes, gas, soot or cinders in unreasonable
quantities or the presence of any gas, vapor, dust, or any other toxic
substance on, in or emitted from the equipment of any premises in
quantities sufficient to be toxic, harmful or injurious to the health
of any employee or to any premises, occupant or to any other person.
10.
Dead trees and dead limbs of trees so located that the falling
thereof would endanger the safety of persons using any public sidewalks
in said City or endanger the safety of any pedestrian or occupant
of any motor vehicle traveling upon any public street.
11.
Tree limbs and branches which overhang any public sidewalk or
public street of such height above sidewalk or street as shall impede
and interfere with the use of said sidewalk by any person, or impede
and interfere with the use of said street by a pedestrian or the operator
of any motor vehicle, or shall endanger the safety of any person using
any public sidewalk, or endanger the safety of any pedestrian or occupant
of any motor vehicle traveling upon any public street.
12.
Debris, cut or fallen trees or shrubs, rubbish and trash, lumber
not piled twelve (12) inches off the ground, rocks, bricks, tin, steel,
parts of vehicles, derelict vehicles, vehicle frames, broken furniture.
13.
Waste oils.
14.
The keeping or allowing to remain on any premises of any tree,
shrub or vegetation infected with fungus or disease that may spread
to other non-infected tree, shrub or vegetation.
15.
All slop, foul or dirty water, silt, filth, refuse or offal
discharged in or upon any street, avenue, sidewalk, alley, park or
public place or in any pond or pool public or private.
16.
Any abandoned, discarded or openly accessible icebox, refrigerator
or other airtight or semi-airtight container of a capacity of one
and one-half (1 1/2) cubic feet and an opening of fifty (50)
square inches or more which has hinges or a latch or fastening device
which may secure the door or lid. Any such object is declared to pose
an immediate threat to public health, safety and welfare and shall
constitute an emergency.
17.
Any container used for garbage or rubbish disposal which is
not equipped with a watertight metal body and provided with a tight
metal cover or otherwise constructed to prevent any contents from
leaking, spilling, falling or blowing out of such container at any
time, except while being loaded or unloaded, or not covered so as
to prevent offensive odors from escaping therefrom.
18.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, insect larvae or maggots, mosquito larvae or hookworm
larvae.
19.
Any structure kept, maintained, or permitted by any person owning
or having control of that structure in a condition that is unsafe,
unhealthy, unsuitable for habitation, injurious or annoying to the
public.
20.
Any unoccupied building that is not secured from unauthorized
entry.
21.
Any of the following that remain on a premise for longer than
forty-eight (48) hours in any outside area, which can be viewed from
a ground location off the premise: an appliance manufactured for indoor
use only, furniture manufactured for indoor use only, scrap metal,
bags of aluminum cans, and water heaters.
22.
The outside storage of new, used, and/or waste tires: except
that this Section shall not prohibit the outside storage of ten (10)
or fewer new, used, and/or waste tires that are screened by a permanent
masonry or frame enclosure so that they are not visible from off the
premises and they are covered to prevent the accumulation of water
within the tires. New and used tires may be displayed outside for
sales purposes during the regular hours of operation at a retail tire
dealer, provided that they are stored in an enclosed building or screened
as described above when the retail tire dealer is not open for business.
Nothing in this Subsection shall preclude the operation of a solid
waste collection/processing facility, so long as it is located and
operated in compliance with all applicable City ordinances.
[R.O. 2009 §220.070; CC 1976 §14-21; Ord. No. 1151 §1, 8-1-1983]
It shall be unlawful for any person, persons, or corporation
to cause, permit, maintain, or allow the creation or maintenance of
a nuisance, and any person, persons, or corporation violating any
provision of this Section shall be deemed guilty of an ordinance violation,
and every day the nuisance shall remain after conviction, and before
removal, shall constitute a separate offense.
[R.O. 2009 §220.080; CC 1976 §14-22; Ord. No. 1151 §1, 8-1-1983; Ord.
No. 2180 §6, 5-1-2006]
A.
The
provisions of this Chapter shall be enforced by the "Code Enforcement
Inspector" or other agents of the City so hired and directed by the
City to do so and shall hereinafter be referred to as the "inspector".
B.
Whenever
the inspector shall ascertain or have knowledge that a violation may
exist, the inspector may lawfully enter, during daylight hours, with
or without the owner's permission, without being deemed to have committed
trespass, into or upon the following private property that is within
the City limits:
1.
Any structure which is open or unsecured and which would not reasonably
be perceived as a place of residence or dwelling, except that such
structure may be attached to a place of residence such as an open
carport;
2.
Any place of dwelling which is open or unsecured and which the inspector
reasonably believes to be abandoned, uninhabited, legally uninhabitable
or otherwise not lived in; or
3.
Any lot;
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and shall do so for the purposes of investigating, inspecting,
abating or removing any violation pursuant to this Chapter, provided
that proper identification shall be displayed on the inspector's outer
clothing.
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C.
The limited right of entry of Subsection (B) shall be extended to any person hired by the City or that person's employees for the purpose of abating or removing a violation of this Chapter or for the purpose of obtaining legal or professional assistance or counsel for the City. Such person may only do so in such manner and at such time and for such purpose as directed by the City.
D.
Whenever
the inspector shall ascertain or have knowledge that a violation may
exist, the inspector may lawfully enter into or upon private property
within the City limits, that is known to be a structure of residence
or dwelling or otherwise lawfully occupied, by presenting the owner
or the occupant with proper identification and requesting permission
to enter. If the inspector is denied consent to enter a lawfully occupied
structure or if an unoccupied structure cannot be entered by reasonable
means, the inspector shall apply to the judge of the Municipal Court
for a search warrant. The judge, upon finding of reasonable cause
that this Chapter is being violated, shall issue such warrant as provided
in this Code.
[R.O. 2009 §220.100; CC 1976 §14-24; Ord. No. 1151 §1, 8-1-1983; Ord.
No. 2100 §2, 12-6-2004; Ord. No. 2180 §2, 5-1-2006]
A.
The
notice to abate a nuisance issued under the provisions of this Article
shall contain:
1.
An order to abate the nuisance within a stated time which shall be
reasonable under the circumstances.
2.
The location of the nuisance, if the same is stationary.
3.
A description of what constitutes the nuisance.
4.
A statement of acts necessary to abate the nuisance.
5.
A statement that if the nuisance is not abated as directed and no
request for hearing is made within the prescribed time, the City will
abate such nuisance and assess the cost thereof against such person.
[R.O. 2009 §220.110; CC 1976 §14-25; Ord. No. 1151 §1, 8-1-1983; Ord.
No. 2180 §3, 5-1-2006; Ord.
No. 2638 §1, 8-15-2016]
A.
Whenever a duly authorized City Official shall ascertain or have
knowledge that a nuisance exists in or upon any house, building, lot
or premises within the City or within one-half (1/2) mile of the City
limits, they shall, in writing, notify the owner and, if not owner
occupied, the person occupying or having possession and control of
such house, building, lot or premises to abate or remove such nuisance
within a time to be specified in such notice which time shall be at
least ten (10) days.
B.
Should the City intend to enter the property and cause the nuisance to be abated in a nonemergency situation, an additional notice of this intent shall be served to the owner or owners of the property as required in Subsection (C) of the City's intent to cause the nuisance to be abated. Such notice shall be delivered as set forth herein at least seven (7) days before the City causes the nuisance to be abated.
C.
Any notice required in this Chapter shall be served personally or
by United States mail to the owner or owners, and if not owner occupied,
the occupant, or his/her or their agents or by posting such notice
upon the premises or property in question. Written notice required
hereunder shall be deemed received when mailed if not personally served
or served by posting.
D.
Any person receiving a notice or owning or occupying property with notice under Subsection (B) may, within five (5) days after receipt thereof or posting, whichever occurs first, request a hearing before the Mayor or his/her designee to contest the decision of the City Official that a nuisance exists on his/her property. Any such person shall have a right to appear at such hearing to be represented by counsel and to present evidence and cross-examine witnesses. Such hearing shall be held within thirty (30) days of receipt of the request. In the event the City does not seek to abate the nuisance itself, no such hearing shall be given, and the owner may dispute the existence of the nuisance in a trial before the Municipal Court for violation of this Chapter.
E.
In cases where the City Officials find that a nuisance exists in
violation of this Chapter which constitutes an immediate threat to
public health, safety or welfare such that serious physical injury,
sickness or loss of life is possible, they shall cause the same to
be abated immediately.
1.
If any property must be removed to abate the nuisance, the same
shall be stored at the owner's expense for ten (10) days.
[R.O. 2009 §220.130; CC 1976 §14-27; Ord. No. 1151 §1, 8-1-1983; Ord.
No. 2180 §4, 5-1-2006]
If the owner or person occupying or having possession and control of any premises upon which a nuisance is determined to exist in violation of this Chapter does not abate the same within the time stated in the notice to abate such nuisance or any order entered after hearing, the City Officials or their representatives may enter upon such premises and abate such nuisance. All entry upon private property shall be in accordance with Section 220.080.
[R.O. 2009 §220.140; CC 1976 §14-28; Ord. No. 1151 §1, 8-1-1983; Ord.
No. 2180 §5, 5-1-2006; Ord. No. 2638 §2, 8-15-2016]
A.
Any costs incurred by the City in abating or removing any nuisance
under this Chapter may be recovered by any one (1) of the following:
1.
By any suit at law or in equity as allowed by law; or
2.
Requiring payment of the same may be made a part of any judgment of conviction in the Municipal Court for violation of Section 220.070 in addition to any fine imposed; or
3.
The official or other person causing the abatement or removal of the nuisance shall certify the costs of the same and the notice required by Section 220.100 to the City Clerk who shall cause a special tax bill to be prepared and filed of record with the County Collector, which lien shall be a first lien on the property until paid and a personal debt of the owner. Such bills shall be prepared and delivered by June 1 of each year and shall bear interest of eight percent (8%) per annum until paid. Prior to submission of the prior year's tax bills hereunder, the list shall be submitted to the City Council for review and approval by resolution.
4.
In the case of an emergency abatement under Section 220.100(E), the City shall within forty-eight (48) hours of abating the nuisance notify the owner in accordance with the procedures in Section 220.100 of the property of the nature of the emergency requiring abatement, the action taken, including storage of property, and the cost of the same. The owner may within ten (10) days of sending of the notice request a hearing from the Mayor or his/her designee on the reasonableness of the costs of abatement.
a.
If, after the hearing, the hearing officer shall determine the
costs of abatement should be waived, the same may be waived.
b.
If no appeal is sought or if after hearing costs are not waived,
all costs of abatement, including any storage fees, shall be charged
against the owner and the property as set forth herein.
5.
Costs recoverable hereunder shall include, but not necessarily
be limited to:
[R.O. 2009 §220.145; Ord. No. 2180 §7, 5-1-2006]
A.
Abatement
by the City of any violation of this Chapter shall not limit the City's
right to criminally prosecute any person, nor shall prosecution limit
the right of the City to initiate, continue or finish abatement of
the violation, nor shall prosecution limit the City's right to pursue
assessment or collection of abatement costs incurred by the City.
B.
Each
day that any violation of this Chapter shall continue shall constitute
a distinct and separate offense.
[R.O. 2009 §220.150; CC 1976 §14-29; Ord. No. 1151 §1, 8-1-1983; Ord.
No. 1687 §§1—3, 6-17-1996]
A.
Exclusions. The provisions of this Section shall not apply
to tracts of land located within the City which are larger than four
(4) acres, if such tract is used for legitimate agricultural purposes,
to the extent that this Chapter prohibits the growth of grass to a
height of greater than twelve (12) inches on average and prohibits
the growth of live brush. This Section does not exclude from the provisions
of this Section any property located within the City which contains
accumulations of dead weeds, brush, or grass (other than harvested
hay), or poison ivy, ragweed, poisonous plants, or plants detrimental
to human health, or property located within the City which contains
the growth of weeds greater than twelve (12) inches in height on average
which constitutes more than twenty percent (20%) of the foliage existing
on such property.
B.
Cutting And Removal Of Grass, Weeds, Etc. It shall be unlawful
for any owner of any land within the City to permit or maintain on
such land, or between such land and the street, any growth of weeds
or grass to a height greater than twelve (12) inches on the average,
or any accumulations of dead weeds, grass, or brush. It shall also
be unlawful for any owner to cause, suffer, or allow poison ivy, ragweed,
or other poisonous plans, or plants detrimental to health to grow
on such land. The growth of weeds or grass to a height of more than
twelve (12) inches; the growth of poison ivy, ragweed, poisonous plants,
or plants detrimental to human health; and the accumulation of dead
weeds, grass, or brush is hereby declared to be a nuisance.
C.
Duty Of Owner. It shall be the duty of any owner of any land within the City to cut and remove, or cause to be cut and removed, all weeds, grass, and poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Subsection (B). It shall be the further duty of the owner of any land within the City to remove, or cause to be removed, any accumulation of dead weeds, grass, or brush so as to comply with the provisions of this Section.
D.
When City To Do Work. If the provisions of this Section
are not complied with, and the City wishes to provide for the abatement
of the violation, the Chief of Police or other official designated
by the Mayor or the City Administrator, shall hold a public hearing
after ten (10) days notice thereof has been given to the land owner
who is in violation of this Section. Notice shall be given personally,
by United States mail, or by posting such notice on the premises.
Following the hearing, the Police Chief or other designated official
may declare the situation to be a nuisance and order the same to be
abated within five (5) days. In the event that the nuisance is not
abated within five (5) days, the Police Chief or other designated
official shall abate the nuisance and shall certify the cost of the
same to the City Clerk. The City Clerk shall cause a special tax bill
to be prepared and issued against the property. The tax bill, from
the date of its issuance, shall be a first (1st) lien on the property
until paid and shall be prima facie evidence of the recitals therein
and of its validity and no mere clerical error or informality in the
same, or in the proceedings leading up to the issuance, shall be a
defense thereto. Such bills, if not paid when due, shall bear interest
at the rate of eight percent (8%) per annum. No notice or hearing
shall be required as a prerequisite to the municipal prosecution of
any offense under this Chapter.
E.
Penalty. Each person who shall neglect to comply with the provisions of this Section or who shall fail, neglect or refuse to comply with the provisions of any notice provided pursuant to this Section, or who shall resist or obstruct the City Marshall or other representatives of the City in the performance of his/her duties or activities provided for in the Chapter, shall upon conviction thereof, be guilty of an ordinance violation. The preparation of a tax bill, as authorized by Subsection (D) shall not relieve any person of liability under this Section. Each day on which the violation of this Section continues shall constitute a separate offense.
F.
Any
Police Officer, Health Officer, or other designated officer may enter
onto any property or premises to inspect for the existence of any
violation of this Section.
