Cross References — Animals and dogs, Ch. 210; maintenance of stockyards and animal pens required, §210.050; slaughtering of animals prohibited in the city, §210.060; removal of dead animals from the city required, §210.070; noisy or offensive dogs prohibited in the city, §210.130; buildings and building regulations, Title V; building standards, §§500.020 et seq.; fire code and fire protection, Ch. 520; junked, wrecked, abandoned property, Ch. 250; circumstances for declaring nuisances regarding junked, wrecked, abandoned property, §250.010; parks and recreation, Ch. 245; sign regulations, Ch. 530; streets, sidewalks and other public places, Ch. 535; utilities, Title VII; parking and storage of motor vehicles which are not in operating condition, §250.160.
[Code 1972, §22-36; CC 1988 §18-1]
It shall be unlawful for any person to create, cause, permit or allow a nuisance to exist or be maintained within the City.
[Code 1972, §27-1; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §18-2]
The Police Chief, Police Officers and Health Officer of this City are hereby authorized to enter into or upon any premises within this City where there is reason to suspect the existence of any nuisance.
[Code 1972, §§14-1 — 14-2, 14-5 — 14-6, 22-37; CC 1988 §§11-1 — 11-3, 11-21, 18-3; Ord. No. 2005-2681 §1, 7-12-2005; Ord. No. 2009-2834 §1, 6-23-2009; Ord. No. 2013-2976 §1, 12-23-2013]
In addition to those nuisances named and defined in other Sections of this Code, the following are hereby declared to be public nuisances within the meaning of this Section:
Any act done or committed or suffered to be done or committed by any person or any substance or thing kept, maintained, placed or thrown on or upon any public or private place which is injurious to the public health.
All pursuits followed or acts done by any person to the hurt, injury, annoyance, inconvenience or danger of the public or any member thereof.
All acts, all uses of property, personal or real, in such a way as to be troublesome or obnoxious or offensive so as to annoy the community or any member thereof; or any act that creates obnoxious odors; the keeping of a disorderly house; the keeping of a dangerous entity, known to be such or permitting it to go at large; exposing a person having a contagious disease; or the commission of any other act arising from unreasonable, unwarranted or unlawful use of public or private property, either personal, real or mixed, so as to work an obstruction of the rights of the public or any member thereof by producing material annoyance, inconvenience, discomfort or hurt.
The accumulation of waste paper, trash, rubbish, old metal, scrap metal, scrap lumber, scrap machinery, appliances and other waste materials in a haphazard, careless and unsightly manner on any premises in the City is hereby declared to be and constitute a nuisance.
Every vehicle used to haul any trash, garbage or offal in or about any street, alley, highway or thoroughfare of the City shall be fitted with a good and substantial tight vessel thereon and adequately covered so that no portion of such trash, garbage or offal shall be scattered, thrown or dropped into or upon any street, alley, highway or thoroughfare.
No person shall place or permit to remain on his premises or premises under his charge or under his control as agent or owner any filth, offal, dead animal or decaying vegetable matter or any stagnant or standing water. No person shall permit any filth, decayed or decaying animal, vegetable matter or stagnant or standing water to remain in the cellar or basement of his house. No person shall engage in or carry on any business or vocation on his premises or on any premises occupied by him or under his charge or control that shall cause or produce noxious, unhealthy, disagreeable or offensive smells or odors in the neighborhood.
No person in this City shall cause or suffer any offal, manure, rubbish or water or suffer any animal or vegetable matter or refuse or any foul nauseous matters or liquor to be discharged out of or flow from any premises owned or occupied by him or under his charge or control or to be thrown or deposited or left upon any street, alley, public avenue, public square, vacant lot or park or any other place in this City.
Furniture that is commonly used as indoor furniture must be located in a structure and not on an outside porch, yard, etc.
Only one (1) burn barrel is permitted per parcel and must be located off the street, in the back area of the parcel.
No person shall dump trash, garbage, diapers, food or any other refuse in recycling containers, located on City of Aurora owned property, other than approved and accepted recyclable materials as defined and described on the receiving recycling containers.
[Code 1972, §22-21; CC 1988 §18-4]
No person shall be convicted for maintaining any nuisance created by him or those under his charge or control, unless he shall have first been notified by the proper authority to abate such nuisance and shall have failed to do so within the time required in such notice.
[Code 1972, §22-38; CC 1988 §18-5]
Whenever it shall come to the attention of the City that there exists on any lot or parcel of land in the City any of the conditions enumerated in this Article or other articles dealing with nuisances in this Code, the owner thereof or the person maintaining the nuisance, whichever is applicable, shall be served with a notice by the City or by such notice being mailed to the last known address of such individual, that such conditions exist and that he shall have ten (10) days from the date of such service in which to remedy such.
[Code 1972, §22-39; CC 1988 §18-6]
If the person upon whom notice is served to abate any nuisance under the provisions of this Article fails, refuses or neglects to remedy such nuisance within the time allowed, the City shall cause such condition to be remedied.
The City shall have the power to suppress all nuisances which are, or may be, injurious to the health and welfare of the inhabitants of this City or prejudicial to the morals thereof, within the boundaries of the City and within one-half (½) mile of the boundaries thereof. Such nuisances may be suppressed by the ordinances of the City, or by such act or order as the charters of the City authorize them to adopt. If the nuisance is suppressed within the City limits, the expense for abating the same may be assessed against the owner or occupant of the property, and against the property on which said nuisance is committed, and a special tax bill may be issued against said property for said expenses.
[Code 1972, §22-41; CC 1988 §18-8; Ord. No. 2006-2747 §I, 11-28-2006]
Any person violating any provision of this Code regarding a nuisance for which no penalty is otherwise established shall be punished by a fine not less than one dollar ($1.00) nor more than five hundred dollars ($500.00).
[Code 1972, §14-4; Ord. No. 82-1815, §I, 10-12-1982; CC 1988 §18-26; Ord. No. 99-2370 §1, 1-26-1999; Ord. No. 2002-2508 §1, 5-28-2002; Ord. No. 2009-2835 §1, 6-23-2009; Ord. No. 2015-3025 §1, 4-14-2015]
It is hereby prohibited to allow the growth of weeds, other grasses, brush and other rank vegetation in excess of seven (7) inches on any lot or plot of land within the City limits.
It is hereby prohibited to allow the growth of weed, grasses and other organic vegetation in excess of seven (7) inches in stormwater drainage ditches. Although it is considered the responsibility of the property owner to prevent or abate any such nuisance, the City at its option may mow all drainage ditches and rights-of-way as deemed necessary and may assess the cost of such mowing and removal of debris to owners of the ground fronting or abutting upon the obstruction in the interest of the public health, safety and welfare of the City.
Whenever a public right-of-way, walk, street, alley, curb, gutter, stormwater drainage ditch or public stream shall become obstructed by or to have placed upon or in it yard waste (organic debris such as grass clipping, leaves, tree limbs, bark, branches, flowers, etc.) or refuse, the City may remove such debris or refuse and may assess the expense of removal in favor of the City against the owners of the ground fronting or abutting upon the obstruction.
Property owners shall be given notice of the nuisance in accordance with Section 220.050, Notice to Abate, of this Chapter.
If the nuisance is suppressed by the City, the abatement expense may be assessed against the property owner or occupant and against the property and a special tax bill may be issued against the property in accordance with Section 220.070, Nuisance — Expense of Suppression, How Paid, of this Chapter.
[Ord. No. 82-1815, §VI, 10-12-1982; CC 1988 §18-31]
Each special tax bill issued pursuant to this Article shall be issued by the City Clerk and delivered to the Collector on or before the first (1st) day of June each year.
[Ord. No. 82-1815, §VII, 10-12-1982; CC 1988 §18-32]
Tax bills issued pursuant to this Article, if not paid when due, shall bear interest at the rate of eight (8) percent per annum.