§ 26-49. Determination of nuisances.

Pursuant to the power vested in the Council by the city Charter, the following conditions are specifically declared to be nuisances:

(1)

Stagnant water on premises which endangers the health, welfare or good order of the city; conditions conducive to the breeding or attraction of rodents, flies, ticks, mosquitoes or any other disease-carrying insects;

(2)

Any dead or decaying matter, weeds, vegetation, or any fruit, vegetable, animal or rodent, upon premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city;

(3)

Manmade or mechanically induced, noxious, air contaminants, the generation of smoke or fumes in sufficient amounts to cause odor or annoyance to the inhabitants of the city;

(4)

The pollution of public water or the injection of matter into the sewerage system which would be damaging thereto, toilets, plumbing, sewer, septic tank systems, garbage containers or any other sanitary facilities in bad repair;

(5)

The keeping of animals or fowl, except under the following conditions: all housing, enclosures or any other areas used by animals shall be clean, well-drained and free from the accumulation of excrement, maintaining a dangerous or diseased animal or fowl, and shall be maintained in accordance with subsection 115-78(b)(8) of the city zoning ordinances.

(6)

Obstruction of a public street, highway or sidewalk without a permit;

(7)

Loud or unusual noises which are detrimental or annoying to the public; unusual, loud disturbances in or around churches and schools or around multifamily complexes, such as loud music and other activities in swimming pool and clubhouse areas;

(8)

All walls, trailers and buildings that may endanger persons or property;

(9)

Any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest the owner or operator of the business or building was aware of the illegal activities and failed to reasonably attempt to prevent such activities;

(10)

Abandoned, deteriorating, decayed, dilapidated or defaced buildings, fences, walls, building materials, automobiles, trucks, house trailers, stoves, iceboxes, refrigerators, washing machines, clothes dryers or similar appliances;

(11)

Trash, garbage, refuse or any foul, decaying or putrescent material kept, used, placed or disposed of in such a manner or place as to be or become detrimental to human health or well-being;

(12)

Sewage, kitchen wastes, laundry wastes or any other wastes deposited upon or allowed to remain upon the ground surface or any other place so as to be or to become detrimental to human health or well-being;

(13)

Any trees, shrubbery or other plants or parts thereof which obstruct clear, safe vision on roadways and intersections of the city;

(14)

Any other condition constituting a nuisance under state law; and

(15)

Any condition found by the judge of the municipal court, after an evidentiary hearing, to be detrimental to or endanger the health, welfare or good order of the city and declared by him therefore to be a nuisance.

(Code 1979, § 11-2-1; Code 1998, § 34-69; Ord. No. 06-2009, pt. I, 5-4-2009)