[Ord. No. 726, 11-14-1989]
As used in this article:
BLIGHTED STRUCTURE
Shall include without limitation, any dwelling, garage, or
outbuilding, or any factory, shop, store, warehouse or any other structure
or part of a structure which because of fire, wind, or other natural
disaster, or physical deterioration is no longer habitable as a dwelling,
nor useful for the purpose for which it may have been intended.
BUILDING MATERIALS
Shall include without limitation, lumber, bricks, concrete
or cinder blocks, plumbing materials, electric wiring or equipment,
heating ducts or equipment, shingles, mortar concrete or cement, nails,
screws or any other materials used in constructing any structure.
JUNK
Includes without limitation parts of machinery or motor vehicles,
unused furniture, stoves, refrigerators or other appliances, remnants
of wood, metal or any other castoff material of any kind, whether
or not the same could be put to any reasonable use. Such term shall
not include firewood neatly stacked.
JUNK AUTOMOBILE
Shall include, without limitation, any motor vehicle which
is not licensed for use upon the highways of the State of North Dakota
for a period in excess of 60 days and shall also include, whether
licensed or not, any motor vehicle which is inoperative for any reason
for a period in excess of 60 days; provided that there is excepted
from this definition unlicensed, but operative vehicles, which are
kept as the stock in trade of a regularly licensed and established
new or used automobile dealer.
PERSON
Shall include all natural persons, firms, co-partnerships,
corporations and all associations of natural persons, incorporated
or unincorporated, whether acting by themselves or by a servant, agent
or employee. All persons who violate any of the provisions of this
chapter, whether as owner, occupant, lessee, agent, servant or employee
shall, except as herein otherwise provided, be equally liable as principals.
TRASH AND RUBBISH
Shall include any and all forms of debris not herein otherwise
classified.
VEHICLE HULK
The remnant or remains of a motor vehicle which is inoperative
and cannot be mechanically operated without the addition of vital
parts or mechanism and the application of a substantial amount of
labor to effect repairs, or any wrecked, dismantled or inoperative
vehicle, or any part thereof.
[Ord. No. 726, 11-14-1989]
It is hereby determined that the storage or accumulation of
trash, rubbish, junk, junk automobiles, vehicle hulks, building materials,
and the maintenance of blighted structures upon any private property
within the jurisdiction of the City tends to result in blighted and
deteriorated neighborhoods, the increase of criminal activity, the
spread of vermin and disease, and is contrary to the public peace,
health, safety and general welfare of the community.
[Ord. No. 726, 11-14-1989; Ord. No. 1002, 9-9-2014]
It shall be unlawful for any person to store or permit the storage
or accumulation of junk, junk automobiles, vehicle hulks, trash or
rubbish on any private property in the City except upon the business
premises of a duly licensed junk dealer, junk buyer or junk gatherer.
[Ord. No. 726, 11-14-1989]
It shall be unlawful for any person to store or permit the storage
or accumulation of building materials on any private property except
in a completely enclosed building or except where such building materials
are part of the stock in trade of a business located in said property,
or except when such materials are being used in the construction of
a structure on the property in accordance with a valid building permit
issued by the City, and unless such construction is completed within
a reasonable time.
[Ord. No. 726, 11-14-1989]
It shall be unlawful for any person to keep or maintain any
blighted or vacant structure, dwelling, garage, outbuilding, factory,
shop, store, or warehouse unless the same is kept securely protected
to prevent entrance thereto by unauthorized persons or unless such
structure is in the course of construction in accordance with a valid
building permit issued by the City, and unless such construction is
completed within a reasonable time.
[Ord. No. 726, 11-14-1989; Ord. No. 1002, 9-9-2014]
The City Building Official's Department shall be responsible
for the administration and enforcement of this article which may be
cited as the "Junk Ordinance." If the City Building Official is unable
to administer and enforce this article, the City Police Department's
Code Compliance Officer shall be responsible for the administration
and enforcement of this article.
[Ord. No. 1002, 9-9-2014]
The penalty for violation of this article shall be a Class B
misdemeanor. When the City has effected the removal of junk, trash,
rubbish, building materials, or blighted structures, or has paid for
their removal, the actual cost thereof, including any necessary costs
for placing the property in a condition to allow the removal of junk,
trash, rubbish, building materials, or blighted structures, if not
paid by said owner within 10 days, shall be charged and assessed against
the property upon which removal was necessary. An assessment list
showing the lots or tracts to be assessed with the cost against each
lot or tract shall be prepared as are other special assessment lists,
and shall be approved by the City Commission. Such assessments shall
be subject to the same procedure for certification to the County Auditor,
payment and collection as are other special assessments under State
law.