§ 14-2. Enumeration.  


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  • 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 is 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)

    Any condition which is a breeding ground or harbor for mosquitoes or a breeding ground or harbor for rats or other pests.

    (2)

    Notwithstanding undeveloped upland or lowland woods or grassland greater than one hundred (100) feet from any developed environment, noxious or invasive undergrowth over twenty-four (24) inches in height.

    (3)

    Any open place of collection of water where insects tend to breed.

    (4)

    Any open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags or any other combustible materials or objects of a like nature.

    (5)

    Any open place of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind.

    (6)

    Any furniture, appliances or other metal products of any kind or nature openly kept which have jagged edges of metal or glass, or areas of confinement.

    (7)

    Any improper or inadequate drainage on private property which causes flooding or interferes with the use of or endangers in any way the streets, sidewalks, parks or other city-owned property of any kind; provided that the notices required and powers conferred by this chapter by and on the division of public services in abating the nuisances defined by this subsection shall be given and exercised by the division of code services manager.

    (8)

    Any condition which blocks, hinders or obstructs, in any way, the natural flow of branches, streams, creeks, surface waters, ditches or drains to the extent that lots or properties are not free from standing water.

    (9)

    Any other condition specifically declared to be a danger to the public health, safety, morals and general welfare of inhabitants of the city and a public nuisance, by the city council, including structures that have been damaged by fire or other causes or have otherwise deteriorated. Such proceedings may be initiated by the division of code services before the city council after giving written notice in conformity with section 14-3. The notice will state that the city council will be requested on a day certain, after a public hearing at which the person notified may appear and be heard, to declare that the conditions existing constitute a danger to the public health, safety, morals and general welfare of the inhabitants of the city and a public nuisance, and that, after such declaration by the city council in the form of an ordinance, the condition will be abated as provided for in this article.

(Code 1977, § 16-2; Ord. No. 1994-61, § 1, 11-1-94; Ord. No. 2012-35, 9-18-12; Ord. No. 2016-26, § 1, 6-21-16; Ord. No. 2016-32, § 1, 9-20-16)