§ 8-30. Prohibited conduct: declaration of nuisance.

(a)

Sanitation. A person commits an offence if the person owns or is in control of property and permits or allows any stagnant or unwholesome water, filth, carrion, weeds, rubbish, refuse or junk or garbage, or impure or unwholesome matter of any kind, or objectionable, unsightly matter of whatever nature to accumulate or remain on such real property which constitute a public nuisance, contrary to the public health, safety or welfare.

(b)

Grading and drainage.

(1)

Grading. A person commits an offense if the person owns or is in control of property and fails to grade and maintain real property so as to prevent the accumulation of stagnant water thereon, or within or under any structure located thereon.

(2)

Drainage. A person commits an offense if the person owns or is in control of property and fills, excavates or otherwise improves any property in a manner which will have an adverse effect on an existing drainage pattern on an adjacent property.

(3)

Enforcement. Subsections (1) and (2) above shall be enforced by the director of public works.

(c)

Sidewalks. A person commits an offense if the person owns or is in control of property and fails to maintain sidewalks, walkways, steps and areas located on private property, other than single family properties not intended for public use, such as sidewalk from a street to the front door of a dwelling or business, a sidewalk from a parking area to the primary public entry door of a business, a sidewalk in front of retail businesses, such as shopping center and other similar conditions in a proper state of repair, free of mud, debris or other obstruction that would impair or prevent their use or fails to maintain private property adjacent to all sidewalks, walkways, steps and public areas located on public property free of mud, debris or other obstruction that would impair or prevent their use.

(d)

Rodent and insect control. A person commits an offense if the person owns or is in control of property and fails to keep property or a structure free of insects, rats, fire ants, vermin, or other pests which create a hazard or a nuisance to adjacent property or are otherwise detrimental to the public health, safety or welfare.

(e)

Glare. A person commits an offense if the person owns or is in control of property and places, erects or causes to be placed or erected exterior lights on private property which are not shielded, or are placed or erected so as to create a traffic hazard or a public nuisance.

(f)

Trees, shrubs and plants.

(1)

Obstruction to ingress or egress. A person commits an offense if the person owns or is in control of property and maintains or allows trees, shrubs and plants which obstruct the access to or from any door or window of any structure which is used, or is required by city codes and ordinances to be used, for ingress and egress.

(2)

Minimum clearances. A person commits an offense if the person owns or is in control of property and maintains or allows trees, shrubs or plants in a manner which creates a hazard or an obstruction and which are not maintained within the following minimum clearances:

a.

Seven (7) feet of vertical clearance over public sidewalks and other public pathways;

b.

Six (6) inches from each edge of any public sidewalk or public pathway.

c.

Twelve (12) feet of vertical clearance over public streets.

d.

Unobstructed sight distance of one hundred (100) feet from the edge of any public street intersection.

e.

Unobstructed sight distance of one hundred (100) feet from any public sign or street marking.

f.

Twelve (12) feet vertical clearance over public alleys and easements which have been dedicated and improved for vehicular use.

g.

No encroachment over the edge of paving or extension of any tree, shrub or plant onto the alley or easement more than eighteen (18) inches, or in anyway obstructing or interfering with vehicular traffic on public alleys and easements which have been dedicated and improved for vehicular use.

h.

Property owners are responsible for tree limbs and bushes that overhang adjoining property.

i.

In cases of dense brush and undergrowth in fence lines, the code enforcement officer may notify all property owners on both sides of the fence.

j.

A property owner is responsible for the care of landscaping on his property to the back of the curb on streets, or to the edge of the pavement, and to the centerline of any alleys adjacent to their property in accordance with state law.

(3)

Removal. Fails to remove trees, shrubs or plants that are dead and which are hazardous to persons or property.

(g)

Weeds and grass.

(1)

Maximum height.

a.

A person commits an offense if the person owns, occupies or is in control of occupied or unoccupied premises containing less than two (2) acres of land in the city limits and permits weeds, grass or other vegetation located on the premises to grow to a height exceeding twelve (12) inches.

b.

A person commits an offense if the person owns, occupies or is in control of occupied or unoccupied premises containing two (2) acres of land or more and adjacent to property under different ownership which contains habitable buildings in the city limits and permits weeds, grass, or other vegetation located within one hundred (100) feet of the adjacent property to grow to a height exceeding twelve (12) inches.

c.

All vegetation not regularly cultivated and which exceeds twelve (12) inches in height shall be presumed to be objectionable and unsightly, except that regularly cultivated crops shall not be allowed to grow within the right-of-way of any public street or easement, but shall be kept mowed. Grass and weeds over forty-eight (48) inches tall may be ordered to be immediately mowed in accordance with state law. In the event the property owner cannot be immediately contacted, the code enforcement officer is authorized to have the property immediately mowed, and to have a lien placed against the property for the city's costs in resolving the issue.

(2)

Accumulation. A person commits an offense if the person keeps or allows cut weeds, grass, shrubs or other vegetation to accumulate on any public street, sidewalk or other public way.

(3)

Deposit. A person commits an offense if the person deposits weeds, grass, shrubs or other vegetation in any inlet, manhole or storm sewer or sanitary sewer system.

(4)

Landscaping. A person commits an offense if the person owns or is in control of property and fails to maintain the unpaved areas of the front yard with a grass, ground cover, or other type of landscaping to such an extent that the soil when wet will not be picked up and spread to sidewalks or adjacent private or public property and is not subject to erosion during rains.

(5)

Animals and pens. A person commits an offense if the person owns or is in control of property and keeps an animal pen, run, exercise area, fenced area, house, structure or enclosure, used or intended for keeping animals, in an unclean, unsanitary, unsightly or objectionable manner, which constitutes a public nuisance or is otherwise detrimental to the public health, safety and welfare.

(6)

Accumulation of firewood, lumber, boxes, etc. A person commits an offense if the person owns or is in control of property and places or maintains any lumber, boxes, barrels, bricks, stones or any other character of materials which may be used as a harborage for rats, rodents, or other vermin, or in which evidence of rats, rodents or other vermin is found. Useable lumber shall be neatly stacked at least eighteen (18) inches off of the ground. Firewood shall be neatly stacked.

(Ord. No. 1093-7-2005, § 2, 7-5-05; Ord. No. 1167-03-2007, § 2, 2-20-07)