Ellsworth Nuisance Ordinance

(First Published in the Ellsworth County Independent/
Reporter, June 17, 2021)

ORDINANCE NO. 3116

AN ORDINANCE AMENDING AND RESTATING
CITY CODE 8.12.020 AS FOLLOWS:

For purposes of Chapter 8 of the City of Ellsworth Code, the following definition shall replace the previous definition of the term ‘Nuisance’:
"Nuisance" means any condition which causes or creates an unreasonable interference with the rights of the general public and includes, but is not limited to:
1. Graffiti;
2. Noxious weeds, rank vegetation and weeds and indigenous grasses that  are uncontrolled or exceed Nine (9) inches in height, including any vegetation on the right-of-way abutting the owner's property;
3. Accumulation of garbage, rubbish, trash, refuse, junk and other abandoned materials, metals, building materials or other litter which creates an unsightly appearance;
4. The exposed carcasses of animals or fowl not disposed of after death;
5.  Rank ponds or standing water (including swimming pools, water receptacles and undrained areas);
6. Accumulation of animal waste;
7. Any building or other structure which is in such a dilapidated condition that it is infested with rodents or insects, left unsecured to allow entry of animals, humans or the natural elements such as rain, hail and snow, or otherwise left unkempt, unsightly, or unsanitary creating a menace to the health and safety of the people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
8.  Brush, limbs, trees, shrubs or plants which are dead, diseased or infested which present a harmful or dangerous condition to the public;
9.  Any condition which provides harborage for rodents, reptiles, insects and other vermin;
10. Exposed refrigerators, freezers or other appliances;
11. 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 rank or infested compost heaps);
12. The pollution of any well or cistern, stream, river, lake or body of water by sewage, dead animals, industrial wastes or other substances;
13. Smoke, gas, soot or cinders in abnormal quantities, or any amount of noxious fumes;
14. Any rank sewages, rank septic system, rank vault or rank cesspool;
15. 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;
16. All articles or things whatsoever caused, kept, maintained, or permitted to the injury, annoyance or inconvenience of the public or of any neighborhood;
17. Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city; and
18. Any other condition which is determined to present a dangerous or harmful condition to the public.
For clarity, this amended changes the height of nuisance grass to nine inches, instead of the previous twelve inches.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH:
PASSED AND APPROVED this 14th day of June, 2021.

Mark Kennedy
Mayor

ATTEST:

Brittany Rohr,
City Clerk

SEAL

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