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ORDINANCES

Sec. 23-1. Definition.

A nuisance shall mean the doing of an act unlawfully or omitting to perform a duty, which act or omission:
(1) Annoys, injures or endangers the comfort, repose, health and safety of others; or
(2) Offends decency; or
(3) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any lake or navigable river, stream, canal or basin, or any square, street, highway or public parking; or
(4) In any way renders other persons insecure in life, or in the use of property; or/
(5) Involves the maintenance of any building or structure within the city limits which by reason of age, dilapidation or decay is unsafe for occupancy; or constitutes a haven or refuge for vermin and rodents; or presents a fire hazard and endangers the security of other property; or
(6) Permits the accumulation of rank vegetation, weeds, grass or other noxious matter or putrid substances; or in maintaining any trash, piles of rubbish, manure or other refuse which is dangerous to health or which in any manner constitutes a fire hazard.

Sec. 23-2. Unlawful to maintain nuisance.

No person shall create or maintain a nuisance or permit it to be created or maintained upon property owned by him or under his control.

Sec. 23-3. Abatement.

(a) In addition to prosecution for violation of section 23-2, whenever a nuisance is found to exist, the city manager may cause notice thereof to be given to the person maintaining or creating the nuisance or to the person owning or having control of the property upon which said nuisance exists, to abate such nuisance within the period of time stated in the notice, which shall be not less than three (3) days from the receipt of said notice. The notice shall be served personally or by certified mail. in the event the address is unknown or the person can not be located the notice shall be posted upon the property involved and published in the official paper of the city for a period of five (5) days. If notice is published the person in charge shall have ten (10) days from the last publication in order to abate such nuisance. In the event the nuisance is not abated after such notice as required, the city manager shall have the authority to abate it and charge the cost thereof to the person creating, maintaining or owning or in control of the property upon which the nuisance is created or maintained, unless such person requests, in writing, a hearing within the time allowed to abate the nuisance as stated by said notice, If a hearing is requested it shall be held by the governing body to determine whether or not a nuisance has been created or is being maintained and the person so charged shall be afforded an opportunity to appear and present witnesses and be heard.
Should the governing body find that a nuisance has been created or maintained the person responsible shall be given a reasonable length of time to abate it.
(b) Any person who fails to abate any nuisance as required by this article shall be guilty of an offense.

ARTICLE II. WEEDS AND NOXIOUS MATTER

Sec. 23-16. Definition.

As used in this article:
Cleaning means the removal of trash from property.
Owner means the owner of record as shown by the most current tax rolls of the county treasurer.
Trash means any refuse litter, ashes,leaves, debris, paper, combustible materials, rubbish, offal, or waste, or matter of any kind or form which is uncared for, discarded, or abandoned.
Weed includes but is not limited to poison ivy, poison oak, or poison sumac and all vegetation at any state of maturity which:
a. Exceeds twelve (12) inches in height, except healthy trees, shrubs, or produce for human consumption grown in a tended and cultivated garden unless such trees and shrubbery by their density or location constitute a detriment to the health, benefit and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of said weeds;
b. Regardless of height, harbors, conceals, or invites deposits or accumulation of refuse or trash;
c. Harbors rodents or vermin:
d. Gives off unpleasant or noxious odors:
e. Constitutes a fire or traffic hazard; or
f. Is dead or diseased.

The term "Weed" shall not include tended crops on land zoned for agricultural use which are planted more than one hundred fifty (150) feet from a parcel zoned for other than agricultural use

Ordinances Continued