Important Codes and Ordinances
DIVISION 2. REMOVAL OF TRASH AND UNDERGROWTH FROM PROPERTY.*
Sec. 9-24. Nuisance conditions, abatement.
(a) It is found and determined that there exist in the city lots and tracts of land, occupied and unoccupied, privately and publicly owned, upon which refuse and debris have been allowed to accumulate and remain. Such conditions provide a harborage for rodents, vermin, mosquitoes and other pests, depreciate property values of neighboring properties, constitute a detriment, danger or hazard to the health, safety and welfare of the residents of the city, and are hereby declared to be a public nuisance. A public necessity exists to exercise the police power of the city to cause the abatement of such conditions in the manner provided in this division.
(b) It is also found and determined that there exist in the city lots and tracts of land, occupied and unoccupied, privately and publicly owned, upon which dead trees of sufficient size and proximity to a public street or sidewalk have been allowed to remain such that the trees, or limbs therefrom, upon falling, could interfere with the free and safe passage along the street or sidewalk by pedestrians or vehicular traffic. Such conditions constitute a detriment, danger or hazard to the health, safety and welfare of the residents of the city and are hereby declared to be a public nuisance. A public necessity exists to exercise the police power of the city to cause the abatement of such conditions in the manner provided in this division.
(c) It is further found and determined that there exist in the city lots and tracts of land, occupied and unoccupied, privately and publicly owned, upon which dense growths of weeds, vines, briars or undergrowth have been allowed to grow, accumulate or remain. Where such conditions provide a harborage for rodents, vermin, mosquitoes or other pests, exist in such proximity to houses and other structures as to increase the hazards of disease, injury or fire, or otherwise constitute a detriment, danger or hazard to the health, safety and welfare of the residents of the city, they are hereby declared to be a public nuisance. Under such circumstances, a public necessity exists to exercise the police power of the city to cause the abatement of such public nuisance in the manner hereinafter provided.
Sec. 9-25. Responsibility of property owner.
It shall be unlawful for any person to keep or maintain any real property in a condition prohibited by this division.
Sec. 9-26. Property conditions prohibited.
The following enumerated and described conditions are prohibited:
(1) A place upon which refuse or debris is permitted or caused to accumulate. The words "refuse or debris" shall be taken to refer to all classifications of solid waste and shall include garbage, rubbish, ashes, street refuse, dead animals, abandoned automobiles and industrial refuse. Refuse derives from such places as homes, hotels, institutions, stores, restaurants, markets, wholesalers, processing plants, factories, shops, garages, office buildings, streets, sidewalks, alleys, vacant lots, power plants and the like. Provided, however, this section does not apply to:
a. Industrial refuse temporarily stored within a delineated storage area for purposes of reuse or disposal;
b. Building rubbish temporarily stored in a confined area on construction sites during construction;
c. Sites approved by the state as sanitary landfills, provided such sites comply with state landfill rules and regulations; and
d. Salvage or junk operations carried on in compliance with chapter 21 of this Code
(2) Where found to constitute a public nuisance under the provisions of this division, a place of dense growth of weeds, grass, vines, or briars over twelve (12) inches in height, and within either one hundred (100) feet of an abutting public street or fifty (50) feet of a house or other residential, commercial or industrial building; provided, however the term building shall not include detached structures which are accessory to a dwelling unit or other residential, commercial or industrial building. The weeds, grass, vines or briars constituting a prohibited condition described by this subsection (2) shall be cleared and cut to not more than six (6) inches in height.
(3) A place upon which any dead tree, under the circumstances specified in this division, has been allowed to remain.