§ 3-16-1. Nuisance defined.  


Latest version.
  • (a)

    The word nuisance shall mean that which annoys or disturbs one in possession of his property, rendering the ordinary use or occupation thereof uncomfortable; that which endangers life or health, gives offense to the senses or obstructs reasonable and comfortable use of property; the unreasonable, unwarrantable or unlawful use by a person of his own property (personal or real), or from that individual's own improper, indecent or unlawful personal conduct which results in an obstruction or injury to the right of another or the public.

    (b)

    For the purpose of this article, a nuisance shall include, but not be limited to, the following descriptive terms:

    (1)

    Obnoxious vegetation which is defined to include:

    a.

    Dead plant material piled such that it emits objectionable and foul odors or presents a haven for rodents;

    b.

    Trees, shrubs or other plant materials which, if they should fall, would present a safety hazard to adjacent public or private property;

    c.

    Any vegetation which presents a sight distance safety hazard to motorists using either public or private streets or driveways;

    d.

    Any vegetation which, because of its characteristics of growth, spreads onto adjacent property and cannot be controlled; and

    e.

    Any grass or weeds on vacant lots in platted subdivisions or on parcels less than one (1) acre which lie adjacent to or between other one-acre or less parcels on which homes are built, whenever more than fifty (50) percent of the lot or parcel contains vegetation which exceeds twelve (12) inches in height.

    (2)

    Standing or stagnant water;

    (3)

    Accumulation of rubbish, trash, household garbage, refuse, junk, materials, metal, lumber or other items;

    (4)

    Any condition which provides harborage for rats, mice, snakes, mosquitoes, house flies or any other vermin or insects;

    (5)

    Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a dangerous fire hazard in the vicinity where it is located;

    (6)

    All disagreeable or offensive odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches;

    (7)

    The carcasses of animals or fowl;

    (8)

    The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, storm water, dead animals, creamery, industrial wastes or other substances;

    (9)

    Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained; and

    (10)

    Dense smoke, offensive fumes, gas, soot or cinders.

(Ord. No. 91-05, 9-3-91; Ord. No. 00-07, §§ 1, 2, 8-1-00; Ord. No. 00-10, § 1, 10-17-2000)