Chapter 15
NUISANCES

Sec. 15-1. Definitions.
For the purposes of this article, the word "nuisance" is hereby defined as the doing of any unlawful act, or the omitting to perform a duty, or the suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

B.  Is offensive to the senses; or

C.  Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or

D.  In any way renders other persons insecure in life or the use of property; or

E.  Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.

Sec. 15-2. Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property 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:

B.  Accumulations of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.

C.  Any condition that provides harborage for rats, mice, snakes and other vermin.

D.  Any building or other structure which is in such a dilapidated condition, that it is unfit for human habitation, 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.

E.  All unnecessary or unauthorized noises and annoying vibrations, including noises.

F.  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.

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

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

I.  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.

J.  Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.

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

L.  The unauthorized obstruction of any public street, road or sidewalk.

M.  Any abandoned vehicle.

Sec. 15-3. Prohibited.
Any person who causes, permits, maintains or allows the creation or maintenance of a nuisance shall be punished as provided in Section 1-9 of this Code.

Sec. 15-4. Notice to abate.
Whenever a nuisance is found to exist within the Town or within the Town's extraterritorial jurisdiction, a duly designated officer of the Town may give written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance.

Sec. 15-5. Contents of notice.
The notice to abate a nuisance issued under the provisions of this article shall contain:

B.  The location of the nuisance, if the same is stationary.

C.  A description of what constitutes the nuisance.

D.  A statement of acts necessary to abate the nuisance.

E.  A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the Town may abate such nuisance and assess the cost thereof against such person.

Sec. 15-6. Service of notice.
The notice to abate a nuisance shall be served as authorized by law.

Sec. 15-7. Abatement by Town.
Upon failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, a duly designated officer or employee of the Town may proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.

Sec. 15-8. Recovery of Town's costs.

B.  In addition, such costs shall be a debt that may be collected by the Town in an appropriate civil action.

Sec. 15-9. Chapter to be supplemental.
The provisions of this chapter are hereby declared to be supplemental to all other ordinances of the Town.