[Ord. 435, 5-18-1982]
No person owning, leasing, occupying or having charge of any
premises shall maintain or keep any nuisance thereon, nor shall any
such person keep or maintain such premises in a manner causing substantial
diminution in the value of the other property in the neighborhood
in which such premises are located.
[Ord. 435, 5-18-1982; amended by 2003 Code]
A.
Definitions: "Unsheltered storage" and "unsheltered parking" are
defined to be, for the purposes of this section, storage or parking
other than in a completely enclosed building.
B.
Unsheltered Storage Prohibited:
1.
Junked, Unsafe Vehicles And Equipment: Unsheltered storage of old,
unused, stripped, junked, and other vehicles, including trailers,
snowmobiles and watercraft of all sorts, not in good and safe operating
condition, and of any other vehicles, used machinery, implements,
and/or equipment, nonfunctional equipment and personal property of
any kind which is no longer safely usable for the purposes for which
it was manufactured, which hereinafter are collectively described
as "said personalty", for a period of 15 days or more (except in licensed
junkyards[1]) within the corporate limits of the City is hereby declared to be a nuisance and dangerous to the public health, safety and welfare. Any vehicle, including trailers, snowmobiles, and watercraft of all sorts, not in good and safe operating condition, and any other vehicle, machinery, implements, and/or equipment, nonfunctional equipment and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, removed from any public thoroughfare, public property, or private property, and returned to any public thoroughfare or public property within the City, or to the same private premises within one year from the date of its removal shall be deemed not to have been removed from the premises within the aforesaid fifteen-day period and thus shall be deemed prima facie a violation of the prohibition against the same remaining on a described premises for more than 15 days. This Subsection B1 does not apply to demolition derby vehicles permitted and registered with the City pursuant to Section 4-6-3 of this title.
2.
Trailers And Wagons: Unsheltered parking of any truck trailer, flatbed
trailer, semitrailer, or any other kind of wheeled vehicle, wagon,
flatbed wagon, and any other type of vehicle customarily used to haul
commodities, goods, or personal property, and customarily pulled by
a motor driven vehicle (except a "recreational vehicle", as defined
in Subsection B3 of this section), for a period of 15 days or more
(except in licensed junkyards) on any public way, public property,
or private property, within the corporate limits of the City, unless
the same is used as temporary storage for a construction project on
the premises, in which event, unsheltered parking of the aforesaid
vehicle on private property shall be allowed for not more than 120
days total in one calendar year, is hereby declared to be a nuisance
and dangerous to the public health, safety and welfare. Any such vehicle
removed from any public thoroughfare, public property, or private
property, and returned to the same premises within one year from the
date of its removal shall be deemed not to have been removed from
the premises within the aforesaid fifteen-day period (or 120-day temporary
construction period) and thus shall be deemed prima facie a violation
of the prohibition against the same remaining on a described premises
for more than 15 days. This Subsection B2 shall not be construed to
permit the parking of any vehicle on public property for up to 15
days if such parking is in violation of any other state statute or
provision of this Code requiring removal of such vehicle in a shorter
time period. Utility trailers of not more than 20 feet in length from
the furthest point of the rear of the trailer to the furthest point
forward on the hitch of the trailer are exempted from the requirements
of this Subsection B2. "Utility trailer" is defined for purposes of
this Subsection B2 to be any trailer having not more than two axles,
and weighing, with a load, not more than 2,000 pounds and being not
longer than 20 feet from the rearmost portion of the trailer to the
front-most tip of the hitch of said trailer. This Subsection B2 does
not apply to recreational vehicles, as defined in Subsection B3 of
this section.
[Amended by Ord. 16-06-04-70, 6-20-2016]
3.
Recreational Vehicles:
a.
A "recreational vehicle" is defined as any camping or travel trailer,
camper, motor home, tent trailer, pickup coach, boat, boat trailer,
hovercraft, watercraft device, off road vehicle, snowmobile, snowmobile
trailer, or any other device designed for a recreational or similar
purpose.
b.
No part of any recreational vehicle shall be parked or stored over or within any public road right of way, except as expressly authorized by Subsection 10-11-6C of this Code.
c.
All recreational vehicles must be parked or stored in the rear yard
or side yard; however, a recreational vehicle may be parked or stored
on the driveway of a residential lot.
d.
No more than two recreational vehicles may be parked or stored in
the open on any property.
e.
No recreational vehicle shall be used for living, sleeping, or any
other purpose and shall not be connected to any gas, water, electrical
or sanitary sewer service.
f.
No recreational vehicle shall have its wheels or hitches removed
or be affixed to the ground in any way so as to prevent its quick
removal.
g.
No recreational vehicle shall be parked and stored in such a way
so as to create a dangerous or unsafe condition.
h.
The ground area adjacent to permitted paved areas serving parked
or stored recreational vehicle must be free of noxious weeds, tall
grass or debris and shall not be used for the storage of any other
material or goods.
[Amended by Ord. 15-06-04-70, 6-15-2015]
C.
Abatement Procedures:
1.
Abatement By Owner: The owners, tenants, lessees, and/or occupants
of any lot or premises within the corporate limits of the City upon
which storage of those items of personal property listed in Subsections
B1 and B2 of this section is made, and also the owners and/or lessees
of said personalty involved in such storage (all of whom are hereinafter
referred to collectively as "owners"), shall jointly and severally
abate said nuisance by the prompt removal of said personalty into
completely enclosed buildings authorized to be used for such storage
purposes, if within the corporate limits of the City, or otherwise
to remove said personalty to a location outside the limits of the
City.
2.
Abatement By City; Costs; Sale Of Property: Whenever said owners fail to abate said nuisance, then the City shall remove the said personalty to a location of its selection, the expenses therefor shall be billed to said owners, jointly and severally, said expenses to be recoverable in a suit at law. The removal shall be made in accordance with notice provisions and opportunity for hearing as set forth in Chapter 4-7 of this title. When said personalty has been removed and placed in storage by the City, as provided for herein, said personalty shall be sold by the City after the lapse of such time as is provided in regard to the provisions set forth for notice and hearing. If the proceeds of such sale are insufficient to pay the costs of abatement, said owners shall be liable to the City for the balance of the costs, jointly and severally, to be recoverable in a suit at law. If the proceeds are in excess of such costs, the balance of such proceeds shall be paid to said owners, or deposited in the City treasury for their use.
