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The following are nuisances which may be abated as provided in this code:

(a) Animal carcasses, etc. The deposition of an animal carcass or part thereof, or any excrement or sewage, or industrial waste, or any putrid, nauseous, decaying, deleterious, offensive, or dangerous substance in a stream, well, spring, brook, ditch, pond, river, or other inland waters within the city, or the placing of such substances in such position that high water or natural seepage will carry the same into such waters.

(b) Attractive nuisances. No owner or person in charge of property shall permit an attractive nuisance thereon.

(c) Debris. An accumulation of decomposed animal or vegetable matter, garbage, rubbish, manure, offal, ashes, discarded containers, waste, paper, debris, trash, hay, grass, straw, weeds, litter, rags, or other refuse matter or substance which by itself in conjunction with other substances is deleterious to public health or comfort, or is unsightly, or creates an offensive odor.

(d) Fences.

(1) A fence, barrier, partition or obstruction electrically charged or connected with any electric source in such a manner as to transmit an electrical shock or charge to any person, animal or thing which might come in contact therewith.

(2) A barbed-wire fence along a sidewalk or public way except barbed-wire placed on top of fences to prevent access o enclosed hazardous areas or facilities, or barbed-wire on fences in an AG Agricultural District.

(e) Iceboxes and other containers. An abandoned, unattended or discarded icebox, refrigerator or other container accessible to children which has an airtight door, or lock which may not be released for opening from the inside. This definition does not include iceboxes, refrigerators, or other containers offered for sale by commercial establishments provided that the same are kept within enclosures from which children are excluded at all times except business hours.

(f) Odors. Causing or permitting any persistent odors, which are offensive to individuals of normal sensitivity and which adversely impact or unreasonably interfere with the use and enjoyment of property, to emanate across any parcel or property line. In determining whether an odor is offensive to individuals of normal sensitivity, the enforcing officer may consider factors including, but not limited to, the following:

(1) Frequency of the odor;

(2) Duration of the odor;

(3) Strength or intensity of the odor;

(4) Number of people impacted;

(5) The suitability of each party’s use to the character of the locality in which it is conducted;

(6) Extent and character of the harm to complainants;

(7) The source’s ability to prevent or avoid harm.

(g) Privies, etc. A privy, vault, cesspool, septic tank or drain which emits a noisome and offensive smell, or which is prejudicial to public health.

(h) Stagnant water. An accumulation of stagnant or impure water which affords or might afford a breeding place for mosquitoes or other insects.

(i) Vegetation. Any vegetation on public or private property that:

(1) Is a hazard to pedestrian or vehicular use of a sidewalk or street by obstructing passage or vision. The hazards include but are not limited to:

a. Vegetation that encroaches upon or overhangs a pedestrian way or adjacent curb strip lower than nine feet or encroaches upon or overhangs a street lower than 15 feet.

b. Vegetation which obstructs motorist or pedestrian view of traffic, traffic signs and signals, street lights and name signs, or other safety fixtures or markings placed in the public way.

(2) Is a hazard to the public or to persons or property on or near the property where the vegetation is located.

(3) Is obnoxious as defined in section 6.815(1).

(4) Is an obstruction of access to and use of any public facilities placed within the public way.

(5) Is an obstruction of drainage facilities in the public way, including but not limited to roadside ditches, street curbs and gutters, catchbasins and culverts.

(6) The roots of which have entered a sewer, lateral sewer or house connection and are stopping, restricting or retarding the flow of sewage therein.

(j) Vision obstructions. Any vegetation, structure, mounding of earth or other physical obstruction:

(1) Which encroaches upon the vision clearance area defined in subsection 9.0500 of this code; or

(2) Which is higher than 18 inches above the crown of the adjacent roadway in that portion of the right of way between the property line and the curb line within 35 feet from the intersection of curb lines, if extended, at any street intersection or within 15 feet from the intersection of the curb line with an alley. If no curb exists, no such use of the right of way shall be made within 25 feet of the corner of the private property closest to the street intersection.

(k) Sidewalk accumulations. An accumulation of leaves, snow, ice, rubbish and other litter or any obstruction upon a sidewalk.

(l) Unused driveways. Driveway approaches as defined in section 7.400 which are no longer in use.

(m) Graffiti. Notwithstanding the definition of “graffiti” in section 6.005 of this code, neither the city nor a property owner shall be required to abate graffiti that consists of inscriptions, words, figures or designs that are etched or scratched into window or other glass of a public or private building.

(n) Unlawful erosion. A violation of sections 6.625 to 6.645 of this code, the rules adopted thereunder, the erosion prevention permit or a condition thereon. Unlawful erosion includes the impacts of such erosion, on-site or off-site.

(o) Failure to maintain stormwater facilities. A violation of sections 6.600 through 6.615 of this code, the Stormwater Management Manual adopted by administrative order of the city manager as authorized by section 9.6790 of this code, or an operations and maintenance agreement.

(p) Others. Any other thing, substance, condition, or activity prohibited by state law, common law, this code, other ordinances, or which is determined by the council to be injurious or detrimental to the public health, safety, or welfare of the city.

(q) Derelict structures. Causing or allowing a derelict structure to exist on any premises.

(r) Building interiors. Failing to maintain the interior of a dwelling in a clean and sanitary condition and free from any accumulation of rubbish or garbage so as not to breed insects and rodents, produce dangerous or offensives gases, odors and bacteria, or other unsanitary conditions, or create a fire hazard.

(Section 6.010 amended by Ordinance No. 19146, enacted May 25, 1983; and Ordinance No. 19393, enacted July 28, 1986, effective January 28, 1987; administratively amended by Ordinance No. 19939, enacted November 17, 1993, effective December 17, 1993; and amended by Ordinance No. 19969, enacted July 21, 1994; Ordinance No. 20165, enacted August 11, 1999, effective September 10, 1999; Ordinance No. 20169, enacted September 27, 1999, effective October 27, 1999; Ordinance No. 20373, enacted November 22, 2006, effective December 22, 2006; and Ordinance No. 20610, enacted April 8, 2019, effective May 10, 2019.)