CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 1. NUISANCES

(a)   The following are hereby declared and deemed to be health nuisances affecting public health and welfare and shall be abated as set out in this article:

(1)   All dead, decaying or putrid carcasses, flesh, fish or vegetables;

(2)   All deposits of manure, offal or other unwholesome substances or filth of any kind or description;

(3)   All filthy or offensive water slops, when thrown or conducted upon any street, alley or enclosure, so as to be offensive to the sight or smell or wholesomeness;

(4)   All privies or slaughterhouses that have become or hereafter may become offensive from use or other cause;

(5)   All cellars, stores or other buildings, or places which are not kept free from all filthy and unwholesome substances;

(6)   All stock pens, feeding pens or other places that are permitted to become or to be offensive to the sight or smell or injurious to the health of the people;

(7)   All deposits or substances that are liable to cause or engender disease;

(8)   Any lot or place retaining water until it becomes stagnant;

(9)   Any fence, building, erection, thing or substance placed upon or being upon any street, sidewalk, alley or public ground, except as permitted by the ordinances of the city so as to obstruct the same;

(10) Any building, erection or place kept, established or used for any purpose prohibited by any law of the state or ordinances of the city, relating to the sale or keeping of intoxicating liquors;

(11) All standing water and stagnant pools or ponds and grass, weeds, rank vegetation and other unhealthful things;

(12) All awnings, porches, sheds, posts, supports, columns, signs, sheds or buildings, that are or hereafter become in an unsafe condition and likely to endanger or injure the person or property of travelers upon any of the streets or sidewalks of the city; and

(13) Any and all acts, things, circumstances, conditions or places that are declared to be nuisances by the laws of the state, or ordinances of the city.

(b)   Whoever shall cause, create, keep or maintain any nuisance, or permit the same to exist in or upon premises owned by such person, or under such person’s control, shall, upon conviction, be deemed guilty of a misdemeanor.

(Code 1988, §§ 7-205, 7-901, 7-919; Code 2016, Sec. 46-31)

It shall be the duty of all persons to remove and bury beyond the city limits the carcasses of all dead animals, owned by them or within their enclosure, in their possession or under their control. Any person who shall suffer or allow the carcass of any animal belonging to such person which may have died from any cause to be unburied, or draw or deposit the carcass upon any other premises or in or upon any street, alley or other public place within the city, except in removing the carcass from the city limits, shall be deemed guilty of causing a nuisance and, upon conviction, shall be adjudged guilty of a misdemeanor

(Code 1988, §§ 7-904, 7-905; Ord 3462, 5-25-16; Code 2016, Sec. 46-32)

Whoever shall so keep any building or premises in such a manner as to be injurious to the health of the people or offensive to the neighborhood or to any private family or person, or to the public health, shall be deemed guilty of causing a nuisance.

(Code 1988, § 7-907; Code 2016, Sec. 46-33)

The owner of any premises within the corporate limits of the city, whether the premises is a public building, business house, private residence or unoccupied, is hereby required to keep such premises, together with all buildings, barns, stables, sheds, privies, cellars, caves, sinks and other places thereon or connected therewith, as well as the streets and alleys adjacent thereto, in a good sanitary condition and free from all offensive odors by having removed therefrom all manure, offal, excrement, slops, decaying animals or vegetable matter, and all other filthy and other kind of substances and things before the premises becomes unwholesome or offensive to the sight or smell.

(Code 1988, § 7-909; Code 2016, Sec. 46-34)

The code enforcement officer shall make inquiry and inspection of premises upon such officer’s own initiative or upon complaint that a nuisance exists. Upon making any inquiry and inspection the code enforcement officer shall make a written report of findings.

(Code 1988, § 7-911; Code 2016, Sec. 46-35)

It shall be a violation of this article to deny the code enforcement officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.

(Code 1988, § 7-912; Code 2016, Sec. 46-36)

Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing, the code enforcement officer may file a complaint in the municipal court of the city against such person, corporation, partnership or association. Upon conviction of any violation of provisions of section 8-101, a person shall be guilty of a class C offense.

(Code 1988, § 7-915; Code 2016, Sec. 46-37)

Any person who shall hinder, impede or obstruct the chief of police or other person acting under the direction of the chief of police in the performance of any act or duty enjoined upon such marshal by this article shall be deemed guilty of a misdemeanor.

(Code 1988, § 7-906; Code 2016, Sec. 46-38)