[HISTORY: Adopted by the City Council of
the City of Greensburg 11-14-1966 by Ord. No. 814. Amendments noted where
applicable.]
[Amended 7-12-2010 by Ord. No. 1993]
The unsheltered storage (to include storage beneath overhead
projections from buildings, i.e., unsprinklered eaves, canopies, projections,
overhangs, or porches) and accumulation of personal property of any
kind and as specifically listed in this section which is no longer
safely usable for the purpose for which it was manufactured which
constitutes or may create a public fire, health or safety hazard or
harborage for rodents (hereinafter referred to as "personalty") is
unlawful and is hereby declared to be a nuisance:
A.
Vehicle restriction; exception. The unsheltered storage of unused,
stripped, junked, wrecked or otherwise unusable automobiles or other
vehicles, machinery, implements and/or equipment for a period of 30
days or more (except in places where a junkyard business is regularly
conducted).
B.
Outdoor furniture restriction; exceptions. For the purposes of this chapter, outdoor furniture shall be defined as a type of furniture specifically designed for outdoor use to be located in, belonging in, or suited to the open air, typically made of weather-resistant materials typically manufactured with stones, metals, vinyl, plastics, resins, glass, and treated woods. Keeping upholstered furniture which is not manufactured for outdoor use in outdoor areas where such furniture is visible to neighbors and passersby in the public right-of-way is hereby declared to be a nuisance. Accordingly, no person shall place, use, keep, store or maintain any upholstered furniture not manufactured for outdoor use, including without limitation, upholstered and/or overstuffed chairs, couches and mattresses, in or on any porch, patio or other unenclosed structure where such furniture is visible from a public right-of-way or from the ground level of adjacent property, and no property owner or property manager shall knowingly permit any such activity to occur on property owned or managed by such person. The following shall constitute specific exceptions to any alleged violation of this Subsection B:
(1)
That such furniture was placed in the location in question in order
to allow it to be removed during a move of a resident or residents
of the premises or has been removed as part of a trash or recycling
program on a day scheduled for such moving or removal.
(2)
That such furniture was temporarily placed in the location in question
in order that it be offered for sale at a yard or garage sale if each
of the following conditions exists; provided, however, that this exception
shall not apply if upholstered furniture is located in an outside
location for more than two days in any six-month period:
(a)
The furniture is located in an outside location only between
the hours of 7:00 a.m. and 5:00 p.m.;
(b)
The person attempting to sell the furniture, or that person's
agent, is outside during the period of the yard or garage sale in
order to monitor the sale; and
(c)
A sign is placed on or near the furniture indicating that it
is for sale.
C.
Highly combustible flammable materials.
The owner, owners, tenants, lessees and/or occupants of any parcel of real estate within the city limits of the City of Greensburg upon which there is storage of personalty, as defined in § 253-1 hereof, shall jointly and severally be responsible for the abatement of the nuisance created by said personalty and shall, upon notification by the City of Greensburg, promptly remove such personalty into completely enclosed buildings authorized for the use or storage purposes within the City of Greensburg or otherwise remove said personalty to a location outside of the corporate limits of the City of Greensburg.
[Amended 2-10-1992 by Ord. No. 1525; amended 12-21-1994 by Ord. No. 1646]
Upon failure of the owner or owners, tenants, lessees, occupants or persons otherwise responsible for the nuisance described in § 253-1 to remove the same after notification by the city, such persons shall, upon conviction, be sentenced to pay a fine of not more than $600 or be imprisoned for a period not exceeding 90 days, or both such fine and imprisonment. A separate offense shall be deemed committed on each day during which such nuisance is permitted to exist.
In addition to the penalties herein provided,
the City of Greensburg shall have the right and privilege to remove
said personalty to a location of its selection for storage. The city
shall notify the last known owner or owners of the personalty removed
that the same has been placed in storage and shall be sold after the
expiration of 30 days if removal and storage charges are not paid
by the responsible owner or owners. In the event that such personalty
has been placed in storage by the city, said personalty may be sold
by the city for payment of removal and storage charges. If the proceeds
of such sale are insufficient to pay the costs of removal and storage,
the owners of such personalty shall be liable to the City of Greensburg
for the balance of the costs, jointly and severally, to be recoverable
in a suit at law. If the proceeds of such sale are in excess of the
costs thereof, the balance shall be paid said owner or owners or deposited
in the city treasury for their use.
Notwithstanding any other provisions hereof,
the City of Greensburg may file a municipal claim of record against
the owner or owners of the premises from which said personalty is
removed for the cost of removal if the cost of removal and storage
is in excess of the proceeds received at the sale thereof.
