[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Offensive annoyances which are discomforting or detrimental to the health or public welfare of individuals or the public shall constitute nuisances. Nuisances under this Article are unlawful to create and/or maintain as set forth below and include, but are not limited to, those acts defined in Section 215.040 through Section 215.270.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The carrying on, permitting, maintaining, continuing or allowing of any act, omission or condition upon a lot or ground within the boundaries thereof which creates, causes or contributes to a condition declared to be a nuisance upon some other lot or ground shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010; Ord. No. 3704 §1, 9-15-2015]
It shall be unlawful for any person who shall be the owner, tenant, occupant or person in control of any lot or ground, or in the case of joint tenancy, tenancy by the entireties or tenancy in common, each owner, occupant or person in control thereof or the agent of any such person(s) having care of any lot or ground, to carry on, maintain, permit, continue or allow any acts, omissions or conditions declared to be a nuisance as defined in this Article upon such lot or ground within the boundaries thereof which creates or contributes to a nuisance under the provisions of this Article.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010; Ord. No. 3532 §1, 9-4-2012]
A.
All premises and exterior property shall be maintained free from weeds or plant growth in excess of ten (10) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided however, this term shall not include cultivated flowers and gardens.
Exception: Weeds and/or vegetation shall be allowed to grow to any height on a lot or tract of ground as long as the weeds and/or vegetation, within twenty-five (25) feet of all property lines and structures, is not allowed to exceed the maximum height of ten (10) inches.
B.
Vegetation shall not interfere with the passage of motor vehicles, bicycles and/or pedestrians upon any public right-of-way by blocking, screening or obscuring the sight distance of the drivers of such vehicles, the driver's ability to observe vehicular traffic at or near any side street, intersection, driveway entrance or other point from which vehicular or pedestrian traffic may enter upon or cross any street or other public right-of-way or the sight distance and/or ability of any pedestrian to observe vehicular traffic before entering or crossing any street or other public right-of-way.
C.
Poison ivy, poison oak and poison sumac at any height or stage of maturity shall be considered as noxious.
D.
Whenever private property abuts a public right-of-way or easement and there exist in such right-of-way or easement a tree, lawn or grassy area between the private property and the edge of the street pavement, then such tree, lawn or grassy area shall be considered, for the purpose of this Section only, to be part of the private lot which abuts the right-of-way or easement, and it shall be the duty of those responsible under this Section for maintenance of the private lot that abuts the right-of-way or easement area to equally maintain the tree, lawn or grassy area within the abutting right-of-way or easement.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Carcasses of animals not buried, destroyed or removed within twelve (12) hours after death shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
The erection, continuance or use of any building, room or other place in the City for the exercise of any trade, employment or manufacture which by occasioning noxious exhalations, offensive odors discomforting, offensive or detrimental to the health of individuals or of the public shall constitute a nuisance.
B.
Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities or the presence of any gas, vapor, fumes, smoke, 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 persons shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any material gathered in cleaning yards or waste of mills or factories or restaurants or other commercial establishments or any rags or damaged merchandise or wet or broken or leaking barrels or casks or boxes or any materials which are offensive or tend by decay to become putrid or to render the atmosphere impure or unwholesome found upon any lot or piece of ground shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any stable, stall, shed or compartment or any yard or appurtenance thereof in which any animal or fowl shall be kept or any place in which manure or liquid discharges of such animals shall collect or accumulate and which stable, stall, shed or compartment or any yard or appurtenance thereof is not kept in a clean and wholesome condition so that no offensive smell shall be allowed to escape therefrom shall constitute a nuisance. Nothing in this Article shall be so construed as to include manure deposits upon any private property for the purpose of cultivating such property or the normal storage of manure on a farm for agricultural purposes.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
The accumulation or existence upon any premises, lot or parcel of ground of any material of any kind which could or would become offensive to human beings or detrimental to health or which by its existence constitutes a rat infestation or conditions conducive to rat infestation shall constitute a nuisance.
B.
A "rat infestation" will be deemed to exist upon a showing of the actual presence of rats. Conditions conducive to rat infestation will be deemed to exist when conditions favoring the multiplication or continued existence of rats are present or when conditions providing shelter, protection or food for rats are present or when there is any evidence indicating the presence of rats.
C.
Similarly, all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae shall constitute a nuisance.
D.
Unlicensed dumps shall constitute a nuisance.
E.
Acts of nuisance shall include but are not expressly restricted to the owner, occupant, lessee or the agent of any owner, occupant or lessee of lots, parcels or areas within the City permitting the premises to become unsanitary or a fire menace by allowing any offensive or unsafe matter to grow, accumulate or otherwise occupy and remain upon such premises.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The throwing or depositing or causing to be deposited in any street, alley or other public place or on any private property of any offensive matter described in Section 215.090 or causing or permitting such matter to collect or remain in any place to the prejudice or annoyance of others shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The standing of vehicles which are laden with any offensive matter described in Section 215.090 anywhere in the City for a period of time longer than reasonably necessary for loading and unloading shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any unclean, stinking, foul, odorous or filthy drain, ditch, tank or gutter or any leaking or broken garbage or manure box or receptacle of like character shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
The throwing or depositing or causing to be deposited into any sewer inlet or fixture which has a sewer connection, any article whatever that may cause the sewer to choke up or otherwise interfere therewith shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
Any water leakage, seepage or moisture in any cellar, basement or part thereof of any house or building occasioned by leakage from defective hydrants, water pipes, sewer pipes, cisterns, wells, gutters, drains, rain spouts or seepage from the surrounding earth shall constitute a nuisance.
B.
The accumulation upon any premises, lot or parcel of ground or the discharge thereof upon any public street, alley, sidewalk or other public place or upon any private property of urine, liquid waste from stables, swill, water from privy vaults, wastewater, filthy wash water or any foul or nauseous liquid waste of any kind whatever shall constitute a nuisance.
C.
The disposing of any waste or sewage not in compliance with this Code or the failure in any way to comply with the requirements of this Code shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any accumulation, whether in a pond, pool or manmade vessel of any kind whatsoever, of unwholesome, impure, stagnant or offensive water found upon any lot or piece of ground shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any open, uncovered or unprotected well or cistern on any premises or any well or cistern containing water which an analysis discloses to be impure or unwholesome in nature shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
The existence of any water supply or system intended for household or commercial use which does not conform to the construction, bacteriologic and chemical standards and regulations now or hereafter promulgated by the Environmental Protection Agency for public water supplies shall constitute a nuisance.
B.
The pollution of any well, cistern, spring, underground water stream, lake, canal or body of water by sewage or industrial waste or other substance harmful to human beings shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Every privy, privy vault, cesspool or water closet, lagoon, sewer line, septic tank, sewage treatment device or other receptacle whatever of human excrement which is in an overflowing, leaking, full, insecure or defective condition or kept in such condition as to emit any offensive, noxious or disagreeable odor shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
All diseased animals running at large shall constitute a nuisance.
B.
The keeping of animals or fowl in close proximity to residences, schools, hospitals, public or semi-public buildings, playgrounds, parks and other public places, except cats or dogs, animals in public or licensed zoos or animals in laboratories or farm animals shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any vehicle used for septic tank cleaning which does not meet the requirements of general sanitary practices or any vehicle used for garbage and rubbish disposal which does not meet the requirements of this Code shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
Any and all grading which disturbs the surface of the ground and which is not properly reseeded and thereby causes erosion or unnatural drainage of surface water in private or public property shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
A.
Includes any uncontainerized manmade or man used waste which, if deposited within the City otherwise than in a litter receptacle, tends to create a danger to public health, safety and welfare or to impair the environment of the people of the City. Litter may include, but is not limited to, any garbage, trash, refuse, confetti, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material, motor vehicle parts, furniture, oil, carcass of a dead animal or nauseous or offensive matter of any kind or any object likely to injure any person or create a traffic hazard.
1.
Litter spilling from vehicle unlawful — cleanup required.
a.
It shall be unlawful for any person to transport in any vehicle or by any other means or manner any loose material or articles likely to shift, fall, spill or be blown about on any public street, alley or other public way in the City.
b.
In case any of the contents of such vehicle shall become blown or scattered upon any public street, alley or other public way or place in the City, the person in charge thereof shall immediately gather up or cause to be gathered up any such blown or scattered material. Failure to so do shall constitute a violation of this Section.
2.
Litter collection and storage area required. Every owner or occupant or lessee of a house or building used for residence, business or commercial purpose shall maintain litter collection and storage areas in a clean condition and insure that all litter is properly containerized. Failure to so maintain a clean litter collection and storage area shall constitute a violation of this Section.
3.
Securing movable litter. All litter that is subject to movement by the elements shall be secured by the owner of the premises where it is found before the same is allowed to be removed by the elements to adjoining premises.
4.
Unsightly accumulation of litter unlawful. It shall be the duty of any person owning or controlling a house or other building or premises, including vacant lots, visible from any public place or private premises to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation of this Section to abandon, neglect or disregard the condition or appearance of any premises so as to permit it to accumulate litter thereon.
5.
Public places to be kept litter-free. The owner or person in control of any public place, including, but not limited to, restaurants, shopping centers, fast-food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations, hospitals and clinics, shall at all times keep the premises clean of all litter and shall take measures, including daily cleanup of the premises, to prevent litter from being carried by the elements to adjoining premises. It shall be a violation of this Section to abandon, neglect or disregard the conditions or appearance of such premises so as to permit it to accumulate litter thereon.
6.
Construction site — owner/contractor responsibility to containerize litter — removal. The property owners and the prime contractors, as well as any subcontracts in charge of any construction site, shall maintain the construction site in such a manner that litter will be prevented from being carried by the elements to adjoining premises. All litter from construction activities or any related activities shall be picked up at the end of each workday and placed in containers which will prevent litter from being carried by the elements to adjoining premises. Each contractor shall be responsible to remove any litter or other debris, including dirt and mud deposited as a result of a normal construction process, upon any public place or private premises.
7.
Litter receptacles required — in public places. Every owner, occupant, tenant or lessee using or occupying any public place shall provide adequate litter receptacles of sizes, numbers and types as required to contain all litter generated by those persons frequenting that public place and as specified by the Director of Public Works or Building Commissioner for all such public places.
[Ord. No. 2795 §1, 7-16-2002; Ord. No. 3413 §1, 8-3-2010]
A.
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
B.
Protective Treatment. All exterior surfaces including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors and skylights shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
C.
Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4) inches high with a minimum stroke width of one-half (½) inch.
D.
Structural Members. All structural members shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
E.
Exterior Walls. All exterior walls shall be free from holes, breaks and loose or rotting materials and maintained weatherproof and properly surface coated where required to prevent deterioration.
F.
Roofs And Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
G.
Decorative Features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
H.
Overhand Extensions. All overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials such as paint or similar surface treatment.
I.
Stairways, Decks, Porches And Balconies. Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
J.
Chimneys And Towers. All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials such as paint or similar surface treatment.
K.
Handrails And Guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
L.
Window, Skylight And Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather-tight.
M.
Insect Screens. During the period from May first (1st) to October fifteenth (15th), every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not more than sixteen (16) mesh per inch and every swinging door shall have a self-closing device in good working condition.
1.
Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
N.
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.
O.
Basement Hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
P.
Guards For Basement Windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
All other acts, practices, conduct, business, occupations, callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of Sullivan shall constitute a nuisance.
[Ord. No. 2787 §1, 5-21-2002; Ord. No. 3413 §1, 8-3-2010]
No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located.
