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DIVISION 1. - GENERALLY#
Sec. 10-114. - Nuisances defined.#
Whatever is dangerous to human life or health and whatever renders soil, air, water, or food impure or unwholesome is declared to be a nuisance and is unlawful. It shall be unlawful for any person either as an owner, agent, or occupant to create, or aid in creating or contributing to or maintaining of a nuisance.
(Code 1981, § 10-311)
Sec. 10-115. - Author of nuisance.#
Where a nuisance exists upon property and is the outgrowth of the usual, natural, or necessary use of the property, the landlord or his agent, the tenant or his agent, and all other persons having control of the property on which such nuisance exists shall be deemed to be the authors thereof and shall be equally liable and responsible. Where any such nuisance shall arise from the unusual or unnecessary use of such property or from the business thereon conducted, then the occupants and all other persons contributing to the continuance of such nuisance shall be deemed the authors.
(Code 1981, § 10-312)
Sec. 10-116. - Real property to be kept clean.#
It shall be an infraction for any person owning or occupying real property to allow weeds to grow higher on such property than is permitted by this chapter or not to remove from such property any cuttings of such weeds or any refuse, unsightly or deleterious objects after having been given notice from the health director as hereinafter provided.
(Code 1981, § 10-321)
Secs. 10-117—10-145. - Reserved.#
DIVISION 2. - REGULATIONS AND RESTRICTIONS#
Sec. 10-146. - Declaration of nuisance.#
(a)
Every act or condition made, permitted, allowed or continued in violation of section 10-114 is hereby declared to be a nuisance and may be abated and punished as hereinafter provided.
(b)
Nuisances include, but are not limited to:
(1)
Befouling water in any spring, stream, well, or water source supplying water for culinary purposes;
(2)
Allowing any privy, vault or cesspool or other individual wastewater disposal system to become a menace to health or a source of odors to air or water;
(3)
Permitting any garbage container to remain on premises when it has become unclean and offensive;
(4)
Allowing vegetable waste, garbage, litter, filth or refuse of any nature to accumulate within or upon any private alley, yard or area except when it is temporarily deposited for immediate removal;
(5)
Permitting the accumulation of manure in any stable, stall, corral, feed yard, yard, or in any other building or area in which any animals are kept;
(6)
Permitting any slaughterhouse, market, meat shop, stable, feed yard, or other place or building wherein any animals are slaughtered, kept, fed, or sold to remain unclean or in any state or condition detrimental to health or creating a nuisance because of odors or in which flies or rodents breed;
(7)
Discharging or placing any offensive water, liquid waste, or refuse of any kind into any street, alley, sidewalk, gutter, stream, wash, natural watercourse, ditch, canal, or any vacant lot or which as the result of continued discharge will render the place of discharge offensive or likely to become so;
(8)
Keeping or collecting any stale or putrid grease or other offensive matter;
(9)
Having or permitting upon any premises any fly- or mosquito-producing condition;
(10)
Keeping any drinking vessel for public use without providing a method of decontamination between uses;
(11)
Permitting or performing any ablutions in or near any public drinking fountain;
(12)
Failing to furnish any dwelling house, boardinghouse, or factory or other place of employment with such privy vaults, water closets, sinks or other facilities as may be required to maintain the same in sanitary condition;
(13)
Neglecting or refusing to discontinue use of, clean out, disinfect, and fill up all privy vaults and cesspools or other individual wastewater disposal systems within 20 days after notice from an enforcement officer or official of the town;
(14)
Permitting any lot or excavation to become the repository of stagnant water or any decaying or offensive substances; and
(15)
Obstructing or tending to obstruct or interfere with or render dangerous for passage any street or sidewalk, lake, stream, drainage canal or basin, or any public park without first obtaining the written permission of the town council.
(Code 1981, § 10-313)
Sec. 10-147. - Enumeration of nuisances not a limitation.#
The types of nuisances stated in section 10-146 shall be deemed in addition to and in no way a limitation of the nuisances subject to this chapter.
(Code 1981, § 10-314)
Sec. 10-148. - Toilet or sewer facilities.#
All toilet or sewer facilities shall be constructed and maintained in accordance with the ordinances of the town. All such facilities that do not comply with such provisions are hereby declared to be a nuisance and are subject to abatement as herein prescribed.
(Code 1981, § 10-315)
Sec. 10-149. - Restrictions on blocking water.#
(a)
It shall be unlawful for any person to permit any drainage system, canal, ditch, conduit or other watercourse of any kind or nature, natural or artificial, to become so obstructed as to cause the water to back up and overflow therefrom, or to become unsanitary.
(b)
Maintenance of any such watercourse in such condition shall constitute a nuisance and the same shall be subject to abatement.
(Code 1981, § 10-316)
Secs. 10-150—10-166. - Reserved.#
DIVISION 3. - WEEDS AND WILD GROWTH#
Sec. 10-167. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Weeds includes any vegetation commonly referred to as a weed, or which shall have been designated a noxious weed by the state commissioner of agriculture.
(Code 1981, § 10-322)
Sec. 10-168. - Standards of weed control.#
(a)
It is hereby declared that weeds constitute a nuisance when they create a fire hazard, a source of contamination, or pollution of the water, air or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to humans or are unsightly or deleterious to their surroundings.
(b)
Cut weeds shall be removed from the premises within 24 hours after cutting.
(Code 1981, § 10-323)
Secs. 10-169—10-189. - Reserved.#
DIVISION 4. - DISCARDED AND ABANDONED ARTICLES#
Sec. 10-190. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Nuisance means any condition of use of premises or of building exteriors which are deleterious or injurious, noxious or unsightly which includes, but is not limited to, keeping or depositing on, or scattering over the premises any of the following: (1)
Lumber, junk, trash, or debris; and
(2)
Abandoned, discarded or unused objects or equipment such as furniture, stoves, refrigerators, freezers, cans or containers.
(Code 1981, § 10-331)
Sec. 10-191. - Duty of maintenance of private property.#
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.
(Code 1981, § 10-332)
Sec. 10-192. - Storage of personal property.#
Unsheltered storage of old, unused, stripped and junked machinery, implements, equipment or personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, for a period of 30 days or more (except in licensed junkyards) within the town, is hereby declared to be a nuisance and dangerous to the public safety.
(Code 1981, § 10-333)
Sec. 10-193. - Abatement of nuisance by owners.#
The owners, tenants, lessees or occupants of any lot within the town on which such storage as defined in section 10-192 is made, and also the owners or lessees of the above-described personal property involved in such storage shall jointly and severally abate such nuisance by its prompt removal into completely enclosed and secured buildings to be used for such purposes, or otherwise to remove such property from the town.
(Code 1981, § 10-334)