[Adopted 10-6-2004 as
§ 10-5-8 of the 2004 Code]
In order to promote public safety, health, welfare, convenience
and enjoyment of public travel, to protect the public investment in
public highways, to preserve and enhance the scenic beauty of lands
bordering public streets, to attract tourists and promote the prosperity,
economic well-being and general welfare of the City, it is declared
to be in the public interests to regulate and restrict the storage
of all junked materials in/on private or public property and the storage
of junked, inoperable, wrecked, discarded or abandoned vehicles.
As used in this article, the following terms shall have the
meanings indicated:
ABANDONED MOBILE HOME OR TRAILER
One which has not been used or occupied, or which due to
dilapidated condition cannot be occupied in a healthful manner, within
the past 365 days.
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, recreational vehicles (boats, campers, snowmobiles, all-terrain vehicles, etc.), truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways or which is otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects. Shall also be included in the term "regulated materials and items" defined in §
332-2 above.
ENCLOSURE
Type of construction required to hide and harbor vehicles
from public view, excluding tarps. The City Council shall have sole
authority to determine the adequacy of enclosures required under this
article, which may be a structure, fence, vegetative screening, or
other type of acceptable enclosure.
INOPERABLE APPLIANCE
Any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured. Shall also be included in the term "regulated materials and items" defined in §
332-2 above.
OWNER
Considered to be the person(s) who occupies the premises
and who may or may not be the responsible person(s) harboring such
unlicensed motor vehicle.
ZONED; ZONING
Any land use control ordinance that may be in force.
This article shall not apply to any motor vehicle, motor vehicle accessories, or other regulated materials or items listed in §
332-2 stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and in a non-nuisance manner in a properly zoned area when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner. The City Council may determine the necessity of such storage and may require fencing of such nonresidential properties. In other situations, the City Council may issue one-time temporary permits permitting an extension of not to exceed an additional 30 days' time to comply with this article where exceptional facts and circumstances warrant such extension.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in §
1-5. Each motor vehicle or appliance involved shall constitute a separate offense.
[Adopted 10-6-2004 as
Title 15, Ch. 5, of the 2004 Code]
This article shall be known as the "City of Amery Commercial
Property Exterior Maintenance Code."
Every owner, operator, or occupant of a commercial property,
or part thereof, shall maintain that portion of the exterior of the
property controlled by him.
Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person or persons responsible therefor and commence an enforcement action pursuant to §
258-10.