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a public way where a nuisance exists. <br />(c) The person who causes the nuisance to come into or continue in <br />existence. <br />Public way Any street, road, alley, right -of -way, pedestrian or bicycle easement <br />for public use. <br />Rodent-proof Any building, structure or part thereof is "rodent- proof' when it <br />is constructed of concrete, metal or some equally impermeable material and in a manner <br />that excludes rats and mice therefrom. <br />Veizet ation. Plant life, including but not limited to, trees, shrubs, flowers, weeds <br />and grass. <br />6.007 Nuisances - Prohibition and Responsibility to Abate <br />(1) No person responsible shall cause or permit a nuisance on public or private <br />property. <br />(2) The person responsible shall be liable for injury, damage or loss to person or <br />property caused by the negligent failure to abate any nuisance described in this code. <br />(3) The city shall not be liable for injury, damage or loss to any person or property <br />caused in whole or in part by the failure of the person responsible to comply with subsection (1) of this <br />section, or by the failure of the city as a person responsible to abate a nuisance. <br />(4) Neither the duty of the person responsible to keep property free of nuisances nor <br />his/her failure to do so is dependent upon notice from the city to abate the nuisance. <br />(5) The person responsible shall defend and hold harmless the city from all claims <br />for loss or damage arising from the failure to comply with subsection (1) of this section. <br />6.010 Nuisances Affecting the Public The following are nuisances which <br />may be abated as provided in this code: <br />(I) Vegetation Any vegetation on public or private property that: <br />1. Is a hazard to pedestrian or vehicular use of a sidewalk or street <br />by obstructing passage or vision. The hazards include but are not limited to: <br />(a) Vegetation that encroaches upon or overhangs a <br />pedestrian way or adjacent parking strip lower than nine feet or <br />encroaches upon or overhangs a street lower than 15 feet. <br />(b) Vegetation which obstructs motorist or pedestrian view <br />of traffic, traffic signs and signals, street lights and name signs, or other <br />safety fixtures or markings placed in the public way. <br />2. Is a hazard to the public or to persons or property on or near the <br />property.where the vegetation is located. <br />3. Is obnoxious as defined in section 6.815(1). <br />4. Is an obstruction of access to and use of any public facilities <br />placed within the public way. <br />5. Is an obstruction of drainage facilities in the public way, <br />including but not limited to roadside ditches, street curbs and gutters, <br />catchbasins and culverts. <br />6. The roots of which have entered a sewer, lateral sewer or house <br />connection and are stopping restricting or retarding the flow of sewage therein. <br />