[Ord. No. 1042 §1, 6-10-2004]
The following words, terms and phrases, when used in this Chapter,
shall have the following meanings ascribed to them, except where the
context clearly indicates a different meaning:
An enclosed structure built according to City Code (i.e.,
garage or shed) in which the contents are not visible to neighbors,
passers-by, those on public sidewalks, streets or alleyways or from
any adjacent public or private property.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food. See
also "SOLID WASTE".
Capable of being lived-in; suitable for habitation.
Old, dilapidated, abandoned or scrap rubber, appliances,
beds, debris, dismantled or wrecked vehicles, furniture, glass, metal,
paper, plastic, waste or parts thereof.
Any person who has a legal or equitable interest in a parcel
of real property, other than a fee interest, including a life tenant,
lessee, tenant at will, tenant at sufferance or adverse possessor,
as well as a person in possession or a person who has charge, care
or control of the parcel of real property as the agent or personal
representative of the person holding legal title of a fee interest.
Possession, charge, care or control may include living, sleeping,
cooking or eating in the parcel of real property.
Any person who, along or jointly or severally with others:
Has legal title to any parcel of real property, building or
structure or part thereof, with or without accompanying actual possession
thereof; or
Has charge, care or control of any parcel of real property,
building or structure or part thereof, as agent or personal representative
of the person having legal title to the building or structure or part
thereof; or
Has possession or right to possession under a contract for deed;
or
Has legal title to a vehicle.
Any agent, private corporation, firm, partnership, association,
administrator and any executor, receiver, representative or trustee
appointed according to law.
Any vehicle described as an abandoned vehicle, elevated vehicle,
junk vehicle or unlicensed vehicle.
Thickets or any vegetation which may emit noxious odors or
any vegetation which is seven (7) inches or more in height. Rank growth
of vegetation shall not include trees in excess of six (6) feet in
height, cultivated or attended trees less than six (6) feet in height
or cultivated or attended plants, bushes or shrubbery.
The open, outdoor storage of usable building materials in
small amounts will not be considered a nuisance if the open storage
is temporary (temporary being not beyond thirty (30) days after the
building/construction permit expires) and the building materials are
to be used for the benefit of the property on which they are located.
Solid and semi-solid waste materials resulting from industrial,
commercial, agricultural, governmental and domestic activities including,
but not limited to, animal wastes, appliances, ashes, construction
and demolition wastes, garbage, major appliances, refuse, rubbish,
street refuse, trash and yard wastes, but not hazardous waste or waste
material resulting from mining, milling or smelting.
A piece of opaque material (durable plastic) used for protecting
exposed objects or areas, which must be in good repair (no holes or
rips), of adequate size (in relationship to what is tarped) and secured.
Any vegetation, plant, bush, shrubbery, tree or any part
thereof growing upon any private or public property so as to obstruct
reasonable and safe view of oncoming and intersecting traffic by motor
vehicle drivers on any street, alley or public drive.
A state or condition of danger, harm or risk; unsecured from
threat of danger, harm or loss.
A state or condition that endangers personal or public health.
A tire that is no longer suitable for its original intended
purpose because of wear, damage or defect.
Grasses and unattended growths of other plants, bushes and
shrubbery which are seven (7) inches or more in height.
A large, dense growth of trees, plants and underbrush.
Leaves, grass clippings, yard and garden vegetation, tree
trimmings and Christmas trees.
[Ord. No. 1042 §2, 6-10-2004]
Unkempt, unsafe, unsanitary and otherwise improperly maintained
properties, structures, sidewalks and easements within the City materially
and adversely affect the use and habitability of nearby property and
of property within the City as a whole. Additionally, such conditions
pose hazards to the public health, safety and welfare. Properties
that are unkempt, unsafe, unsanitary and/or dangerous may materially
and adversely affect the economic well-being of the City. This Chapter,
in accordance with the procedures set out herein, establishes necessary
and proper procedures to prosecute owners and occupants for nuisances,
to provide for the abatement of such nuisances and other improperly
maintained structures and properties as they are described or found
to exist, to charge the costs of the abatement to the owners and/or
occupants of the property upon which the nuisance and/or improper
maintenance exists, as well as the property itself and to provide
for procedures for permanent prevention of nuisances. This Chapter
is an exercise of the City's Police power and shall be liberally construed.
[Ord. No. 1042 §3, 6-10-2004]
A.
Any person,
including any owner, occupant or other entity, who violates any provision
of this Chapter shall be subject to the following:
1.
Prosecution. Upon conviction of violation of any provision
or requirement of this Chapter, the person shall be subject to punishment
by a fine not to exceed five hundred dollars ($500.00) or be imprisoned
in jail for not more than three (3) months, or both such fine and
imprisonment. It shall be a separate offense for each day the nuisance
is allowed or continues to exist.
2.
Abatement. Upon determination that a nuisance exists, the
City may abate the nuisance and assess the costs thereof in accordance
with the provisions of this Chapter.
3.
Injunction. In order to eliminate, remove or prevent a nuisance
or other violation of this Chapter, the City Attorney may obtain such
civil redress as may be appropriate under the circumstances, including
restraining orders and injunctions.
