• What is a nuisance?
• What are my responsibilities as a property owner or occupant?
• Who do I contact about a nuisance issue?
• Information links
• City of Marion Home Page

What is a nuisance?

As defined by city code a nuisance is “Whatever is injurious to the senses, or an obstruction to the free use of property so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance.”  Nuisances are classified with respect to whether they are public or private nuisances, although a nuisance may be both public and private.

• A public or common nuisance affects the public, an entire community, or any considerable number of persons. It is such an inconvenience or troublesome offense as annoys the entire community and not some particular person or persons.
• A private nuisance is one to the hurt or annoyance of another with respect to his or her lands, tenements, or herediments, and is a private wrong and tort to be redressed by private action, in equity or at law. In layman’s terms it involves only a few people and doesn’t pose a public danger.

Common private nuisances are:

• Trees, bushes, or shrubs which are not diseased or dangerous, on private property, with limbs hanging over an adjoining property including the leaves, fruit, or branches which fall from season to season
• Fences under 6’ in height, on private property, either in the wrong location or in poor repair

Common public nuisances are:

• Ponds or pools of stagnant water
• Accumulations of refuse, including junked, abandoned, or inoperable vehicles
• All noxious weeds and other rank growth upon public or private property including vines, brush, diseased trees or objectionable vegetation which constitutes and health, fire, or safety hazard
• All snow and ice not removed from public sidewalks twelve hours after the snow and ice has ceased being deposited thereon
• All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at reasonable speed to a full stop before the intersection is reached.
• All limbs of trees which are less than 8’ above the surface of any public sidewalk or street
• All buildings and structures which have been damaged by fire, decay, or otherwise to an extent exceeding one-half their original value and which are so situated as to endanger the public
• All use or display of fireworks except as permitted by this code
• All loud or unusual and unnecessary noises
• Maintaining a violation of the zoning ordinance
• Accumulations of animal feces

What are my responsibilities as a property owner or occupant?

Living in close proximity to other individuals we have a responsibility to respect the rights of others as well as to maintain the appearances and maintenance of our residences and real property. We also have a very important responsibility to maintain the Right of Way portions of our properties. This would include keeping vegetation out of the corner visual clearance at intersections, clearing of snow, ice, and yard waste from sidewalks, and maintenance of sidewalks. Failure to maintain these public ways could result in legal actions against you by private citizens should they become injured due to some neglect on your part.

Who do I contact about nuisance issues?

Any city department can take a citizen request but for specific information use the following list. You may call or e-mail questions to each department using the information provided.

Contact Information

Department phone numbers and e-mail contacts

Information Links

• Special trash pick up information and form
• Grass and weed ordinance
• Property maintenance
• Housing code

Last revised: 12/15/2005