PUBLIC NUISANCE means unlawfully doing an act, or omitting to perform a duty, or any thing or condition which affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of the annoyance or damage inflicted upon the individuals may be unequal, and where such unlawful act, omission, thing, or condition either:
- Annoys, injures or endangers the comfort, repose, health or safety of others;
- Offends decency;
- Unlawfully interferes with, obstructs or renders dangerous for passage any lake, stream, canal or basin, ditch or drainage, or any public park, square, street, avenue, alley, sidewalk, or other public property;
- In any way renders other persons insecure in life, or in the use of property;
- Essentially interferes with the comfortable enjoyment of life and property, creates an unhealthy condition, or depreciates the value of the property of others.
PUBLIC NUISANCES INCLUDE THE FOLLOWING:
- Any equipment, or structure, or part thereof, which is so constructed, or which has become so dilapidated, or kept in such an unsanitary condition or disrepair that it endangers the health or life of the occupants thereof or of the general public or the property of others;
- Any structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained;
- Any structure or paved surface, the exterior of which has not been maintained in good repair. Such exteriors must be maintained free of missing roof shingles, excessive peeling of paint, potholes, spalling, or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties protected from blighting influences which would impair the maintenance of property values.
- Any advertising sign, signboard, billboard or other object so located that it prevents pedestrians or persons riding in or driving automobiles, or other vehicles, or persons in the rightful use of any street, avenue, alley or other public way, from having a clear and unobstructed view of approaching vehicles or persons coming in a diagonal or cross direction along another highway;
- Graffiti and other inscriptions and writing not part of a legal sign or billboard;
- Fallen fences or sections thereof, or fences in disrepair.
- Any vicious dog that barks at passersby and acts as if it intended to attack them;
- Any dog or other animal which repeatedly, frequently or continuously annoys persons in its vicinity by barking or making other noises;
- Continuous or intermittent loud noises which may annoy or prevent others' enjoyment of the use of their property. It shall be the responsibility of the owner, occupant, or person in control, of any property or vehicle from which noises emanate to maintain noise levels within limits prescribed by city ordinance. (90 decibels) Exemptions The following sources of potentially excessive sound are exempted and are not defined as public nuisances:
- Safety signals and alarm devices, storm warning sirens or horns and the authorized testing of such equipment, emergency vehicle sirens or horns when responding to an emergency. Church bells or chimes. Construction, demolition, and/or repair work on any public project or public utility project. Construction, repair or remodeling that is performed between the hours of 7:00 a.m. and 9:00 p.m. Lawn mowing and the use of yard and garden maintenance equipment between the hours of 7:00 a.m and 9:00 p.m.
- The carcasses of animals or fowl not disposed of within forty-eight (48) hours after death;
- All disagreeable or obnoxious 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, including smoke and fires;
- Any accumulation of stagnant water permitted or maintained on any property;
- Any method of human excreta disposal which does not conform to the provisions of city ordinance or state law;
- Any vehicle part or parts, household furniture or appliances, cans, containers or pots, mannequins, farm or garden implements whether motorized or not, wagons, or carts or any other similar items located on residential property, unless said items are enclosed behind a six-foot high fence erected so as to conceal said items from sight from outside the property.
- Any motor vehicle, trailer, or similar vehicle containing trash, or junk which is parked, placed, stored, or kept in such a manner that said trash or junk is in view of the public for a period of three (3) or more days.
- Any building materials located on residential property, unless such building materials are being utilized in the course of normal construction, repair, or remodeling on said property, and provided further that said construction, repair or remodeling is performed with due diligence.
HIGH GRASS, WEEDS & TRASH: No owner or occupant of property in The Village shall allow trash to accumulate or weeds to grow or stand upon the property. WEED includes but is not limited to poison ivy, poison oak, or poison sumac and all vegetation at any state of maturity which 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 hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of said weeds; Regardless of height, harbors, conceals, or invites deposits or accumulation of refuse or trash;
- Harbors rodents or vermin; Gives off unpleasant or noxious odors; Constitutes a fire or traffic hazard; or Is dead or diseased.
- Weed DOES NOT include tended crops on land zoned for residential use.
ABANDONED, WRECKED, JUNK VEHICLES:
Streets & Public Property: No person shall abandon any vehicle on a highway or other public property within the city and no person shall leave any wrecked, dismantled, or nonoperating vehicle on any highway or other public property within the city.
Private Property: No person responsible for any property within the city, whether as owner, tenant, occupant, lessee, manager, or otherwise, shall allow any dismantled, non-operating, wrecked, junked, or discarded vehicle to be placed or remain on such property. (Ord. No. 470, 2, 6-16-92)
ABATEMENT OF PUBLIC NUISANCES: In order for the City to abate any public nuisance, certain procedures established by state law must be followed. Sometimes these legal steps seem cumbersome and slow, but are necessary to give property owners due process and to protect their rights as a property owner. The city takes public nuisances very seriously and will act as quickly as the law allows to remove the nuisance, so please be patient.
COST OF CLEANING & MOWING: If the city abates a public nuisance and performs the necessary cleanup/mowing of any property, a statement demanding payment of the full and actual costs of the cleanup/mowing is forwarded to the property owner. If payment is not made within thirty (30) days, the city clerk will forward to the County Treasurer, a certified statement of the amount owed to the City. The amount owed and interest thereon then becomes a lien against the property to be collected by the County Treasurer.
COMPLAINTS: Residents wishing to file a complaint concerning any public nuisance may do so by contacting Code enforcement at 751-0493.
