§ 30-105. Specific nuisances.

(a)

Fertilizer. Manure or any other organic material used on premises for fertilizing purposes shall not be allowed to become offensive to sight, an attraction to insects or rodents, or otherwise create an unsanitary condition.

(b)

Blowing dust.

(1)

It shall be unlawful and deemed a nuisance for a person to maintain any lot or vacant land so as to allow the blowing of dust, soil, or sand from such property to the detriment of the health, safety and general welfare of the inhabitants of the city, or to cause damage to the real or personal property of any person or of the city;

(2)

It shall be unlawful or deemed a nuisance for the owner or occupant of any lot or vacant land to maintain lots or vacant land in such a manner that permits dust or blowing soil or blowing sand to be deposited on other property, or to be deposited upon or within any public street, public highway or public way.

(c)

Stagnant pond. Any cellar, vault, drain, sewer, pond of water or other place in the city that shall be noxious or offensive to others, or injurious to public health, through an accumulation or deposition of noxious, offensive or foul water, or other substances, or be conducive to the breeding of mosquitoes, shall be unlawful and deemed a nuisance.

(d)

Noxious liquids. It shall be unlawful and deemed a nuisance to discharge out of or from, or permit to flow from any course or place, any foul or noxious liquid or substance of any kind whatsoever, into or upon any adjacent ground or lot or into any street, alley or public place.

(e)

General property standards. It is unlawful and constitutes a nuisance for any person to own, lease, occupy, manage or possess any property upon which any of the following conditions exist:

(1)

The premises are so defective, unsightly, or in such condition of disrepair that they impair the value of the surrounding property. Manifestation of this condition shall include, but not be limited to, the keeping on, or disposing of on, or the scattering over the premises of any of the following:

a.

Junk, garbage or trash, as defined in article I of chapter 42 of the Code;

b.

Stagnant water or an excavation of five feet or more in depth.

(2)

The premises are abandoned, boarded up, partially destroyed, or left in a state of partial construction or destruction.

(3)

Structures on the premises have dry rot, warping, or termite infestation.

(4)

The premises have broken windows or unsecured entrances which may cause hazardous conditions and/or invite trespassers and other unlawful acts.

(5)

The landscaping on the premises has not been maintained such that the majority of plant material has been adequately irrigated and maintained in a living and healthy condition.

(f)

It shall be unlawful and constitute a nuisance for any person to throw or deposit, or cause or permit to be thrown or deposited anywhere within the city, any garbage, trash or junk, as defined in article 1 of chapter 42 of the Code, or hazardous material, as defined by 40 C.F.R., Part 261, or other offensive matter unless such is clearly marked and designated as a proper dump or container for the deposit of junk, garbage or trash.

(g)

It shall be unlawful and constitute a nuisance for any person, without the permission of the director of community services or the director's designee, to throw, deposit, or scatter, or cause to be thrown deposited or scattered upon any public place, other than the curb line, snow or ice removed from any property.

(h)

Littering.

(1)

It shall be unlawful and deemed a nuisance for any person to deposit, throw or place any litter upon any street, alley, sidewalk, or public grounds in the city except in public receptacles or authorized private receptacles.

(2)

Littering of private property. The responsible party in control of any private property shall at all times, maintain the premises free of litter, trash, garbage or junk as referenced in this section. No person shall throw or deposit litter on any private property, whether owned by such person or not; provided, however, that the owner or person in control of private property may maintain authorized private receptacles for the deposit of rubbish or other waste materials in such a manner that waste materials will be prevented from being carried or deposited onto any public or private property. Weed or grass clippings shall not be left or stored by the responsible party in such a manner as to allow the clippings to be windblown onto other private property or public property.

(3)

It shall be unlawful and deemed a nuisance for any person, while an operator or passenger in any vehicle, to deposit, throw or place any litter in or upon any street, alley, sidewalk or public grounds except in public receptacles and authorized private receptacles.

(4)

It shall be unlawful and deemed a nuisance to operate any truck, trailer or vehicle in such manner that the load or any portion of the content of such truck, trailer or vehicle is blown or deposited in or upon any street, alley, sidewalk or public grounds in the city.

(5)

It shall be unlawful and deemed a nuisance for any person to deposit, throw or place any papers, newspapers, handbills, letters, samples or literature in or upon any public street, alley, sidewalk or public grounds.

(6)

It shall be unlawful and deemed a nuisance for any person, except an authorized public employee or officer, or a person who has previously obtained a permit to do so from the city to post, place, glue, staple, nail, affix, or attach any handbill, poster, placard, sign, announcement or other painted or printed material upon or to any street, alley, sidewalk, lawful sign, telephone pole, power pole, or any public or private dwelling, store, or other building or fence without the permission of the owner or occupant of such property.

(7)

It shall be unlawful and deemed a nuisance for any person to keep or store any construction materials unless such materials are covered or secured or in some manner protected so as to prevent such materials from being blown, scattered about or otherwise moved.

(8)

It shall be unlawful and deemed a nuisance for any person to deposit litter, junk, trash or garbage as referenced in this section on any area designated in this article as a watercourse or water storage area. This section is intended to provide for the general protection of waterways and to prevent encroachment upon them, but it is not intended to preclude the construction and/or installation of bridges or culverts for bridge purposes properly designed so as to not impede the flow of water in a watercourse or adversely affect a water storage area; said construction and/or installation shall be approved by the city engineer prior to issuance of any building permits by the department of community development.

(Code 1985, § 6-13-3; Ord. No. 09-03, § 6, 8-4-2009; Ord. No. 13-09, § 1, 5-7-2013; Ord. No. 16-08, § 1, 8-16-16; Ord. No. 19-01, § 2, 4-16-2019)