Agenda Packet 11-28-18 Work Session

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Nuisance Code November 28, 2018, Work Session – Item 1 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 odors; 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