[Code 1979, § 5.231; amended 9-2-2008 by Ord. No. 08-04]
Inasmuch as old discarded and nonoperating cars, car parts,
tractors, machinery, household appliances, old iron, furniture and
household furnishings which are not intended or designed for outdoor
use, debris and other unsightly objects, if allowed to remain in the
open, can be dangerous to the health of the City in that it allows
[they allow] weeds, high grass and brush to grow up around it [them]
in which rats and other rodents frequent, and can be dangerous to
the safety of the citizens in that it is [they are] an attractive
nuisance to children from which children can receive serious injury
or possible suffocation and in that it [they] can create a fire hazard
because of the dead grass and weeds around and can be detrimental
to the general welfare of the City in that it [they] can adversely
affect the values of the adjoining properties, can detract from the
general appearance of the City thereby causing citizens to go elsewhere
for their business trading and their homes; therefore, the storing
of such items in areas such as, but not limited to, exterior balconies,
porches, decks, landings, front yards, an open field, lot or part
of lot or any other area exposed to the weather in the City is hereby
declared to be a public nuisance and not allowed except under the
following provisions:
(1)
Items intended for outdoor usage may be allowed to
occupy the front yard if they are located entirely upon porches, decks,
patios, and balconies. Items intended for outdoor usage that are not
located upon porches, decks, patios, and decks within the front yard
will be allowed only if accompanied by the user but may not remain
in such front yard overnight with the exception of items intended
and designed for outdoor decorative purposes.
Front yard for this section is defined as that part of the property
whereby the front of the house faces the public street and encompasses
that open space extending the full width of the lot, the depth of
which is the minimum horizontal distance between the front lot line
and the nearest point of the main building.
(2)
At no time shall any allowed outdoor items be permitted
to accumulate on any property to an excessive amount that is deemed
unreasonable by the City building official or City Manager. In the
event this occurs, and the property owner or lessee is in disagreement
of the claim, they may appeal their case to the Corunna City Council
if done so within 15 days from the original notification of the alleged
offense.
[Code 1979, § 5.232]
An open field, lot or part of lot is defined for the purpose
of this article as any field, lot or part of lot which is not enclosed
with a building or a noncombustible fence at least eight feet high
so constructed and maintained that rats, mice and other rodents cannot
enter or leave and so constructed as to prevent children from entering,
and so constructed as to prevent lighted cigarettes, cigar butts or
other burning objects from being tossed into said field, lot or part
of lot.
[Code 1979, § 5.233]
It shall be unlawful for any owner, occupant, possessor or any
person having control of any open lot, field or open part thereof
to allow any old auto bodies, old cars, auto parts, farm machinery,
equipment, household appliances or other old metal, debris or other
personal property that because of the age, wear and tear, lack of
repair or other causes is no longer usable as such in its then condition
to be stored or remain in any such open lot, field or open part of
either for a period of more than 30 days.
[Code 1979, § 5.234]
Upon complaint from any person, either oral or otherwise, of any violation of § 34-103, the Police Department shall make an investigation and, if it is found that any of the items mentioned in § 34-103 have been stored, placed or allowed to remain in any open lot, field or open part of either for a period of more than 30 days, the Police Department shall serve upon the owner, occupant, possessor or person having control thereof a written notice to remove them therefrom within 10 days after receipt of the notice, the notice may be served personally or by certified mail with return receipt requested.
[Code 1979, § 5.235]
Any person believing that the notice issued pursuant to this
article is not proper or that the removal of the items within 10 days
would be an undue hardship or who is aggrieved otherwise may appeal
to the City Council by leaving a written claim of appeal stating his
reasons for appeal with the City Clerk within 10 days.
[Code 1979, § 5.236]
(a)
An appeal under this article shall be heard by the
City Council at the next regular meeting and the appellant shall appear
before the Council and show cause, if he has any, supporting his appeal.
Any officer of the City or any resident may also appear and present
any facts they have regarding the matter.
(b)
After hearing the facts so presented to the City Council,
the City Council may uphold the notice as given or may extend the
time for removal of the items or may set aside the notice entirely,
either in accordance with the proofs so presented.
(c)
If a notice be upheld by the Council, the appellant
shall have 10 days thereafter, or such additional time as granted
by the Council, in which to so remove the items.
[Code 1979, § 5.237]
Any person who shall fail, refuse or neglect to remove items within 10 days after the notice is so served upon him pursuant to this article, or within 10 days after the decision on the appeal, if an appeal is taken and the notice is upheld or within such additional time as may be granted by the City Council on the appeal, the person shall be subject to punishment as provided in § 1-14.
[Code 1979, § 5.238]
Any personal property found in violation of this article may be removed at the request of the Mayor to the City personal property pound and there dealt with pursuant to Chapter 2 of this Code. Any moneys received on sale of such items shall be used first to pay the cost of removal, storage and sale of the items, and if any remains then to pay debts, claims or fines due from the defendant to the City and if any then remains the surplus shall be paid to the defendant. If there is not enough to pay the costs of removal, storage and sale of the items, any remaining sums shall be charged to the defendant and the City shall have all legal and equitable remedies available to enforce payment thereof, including levying the amount thereof as a special assessment against the lands from which the items were so removed.
[Code 1979, § 5.239]
This article shall not apply to a junkyard duly licensed as
such in the City.
