§ 28-5. Illustrative enumeration.

The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:

(1)

An excessive accumulation or untended growth of weeds, underbrush or undergrowth, or other vegetation, or grass exceeding ten (10) inches in height (but not including trees, plants or other vegetation protected by state law);

(2)

Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other animal matter; fruit, vegetables, bricks, concrete, scrap lumber or other building debris or other refuse of any nature (but not including such materials properly packaged or contained for regular refuse removal, recycling recovery or trimmed vegetation for pickup);

(3)

An unsafe building or structure or premises which provides uncontrolled breeding places, protection or shelter for rodents, vermin or other pests;

(4)

An unsafe building or unsafe 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 more than ordinarily dangerous fire hazard in the vicinity where it is located;

(5)

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;

(6)

The carcasses of animals or fowl not disposed of within a reasonable time after death;

(7)

The pollution of the air, soil, or the pollution or damaging of any public or private property well or cistern, stream, lake, canal, body of water or land by the creation, presence or dumping of sewage, dead animals, industrial wastes, toxic wastes, fuels and fuel byproducts or other substances;

(8)

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

(9)

Any accumulation of stagnant water permitted or maintained on any lot of ground or premises, which tends to produce disease vectors, biting insects or the like; [and/or]

(10)

Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.

(Ord. No. 1998-22, § 1, 5-3-99)