(a)
As used in this section, "nuisance vegetation" means
any of the following:
(1)
Dry grass, stubble, hay, brush, any dry or dead plant, bush, shrub,
tree, or other dry vegetation which present a visual blight upon the
area, which may harbor insect or rodent infestations or which may
likely become a fire hazard or result in a condition which may threaten
the health and safety or the economic welfare of adjacent property
owners or occupants;
(2)
Any plant or grass, whether growing or dormant, which bears downy
or winged seeds;
(3)
Poison oak (Rhus diversiloba) or poison ivy (Rhus toxicodendron);
(4)
Mistletoe (Phoradendron flavescens) or other parasitic or injurious
growth capable of spreading to healthy trees and plants at any time
during its germination or growth cycle;
(5)
Puncture vine (Tribulus terrestris);
(6)
Overgrown vegetation, whether living, dormant, dead, cultured or
uncultured, which encroaches into the public right-of-way or renders
that right-of-way unsafe by blocking vision or can otherwise be hazardous
to pedestrian or vehicular traffic or which is capable of harboring
insects, rats, mice, or other vermin, or other similar conditions
which are dangerous to the public health or welfare or which are hazardous
to pedestrian or vehicular traffic. Grass or weeds must not grow to
a height or bulk that creates a traffic, pedestrian, or fire hazard
or which is a blight on the neighborhood, and in no event taller than
eight (8″) inches above ground level;
(7)
Any tree or other vegetation which is dead, decayed, infected, diseased,
infested with or in danger of becoming infested with, objectionable
insects, scale, or fungus, or which is otherwise a hazard to public
safety and welfare;
(8)
Any tree, plant, vine, or foliage, whether living, dormant, or dead,
that is otherwise noxious, dangerous, or injurious to people or to
City trees, or that interferes with the maintenance or inspection
of a City tree;
(9)
Tumbleweeds (amaranths) and other similar vegetation which characteristically
break away from their roots at maturity and can be blown by the wind
to create hazards to pedestrian or vehicular traffic.
(b)
As used in this section, "junk" means any of the following
objects or materials upon a property if such object or material is
left, placed, kept, exposed, or stored in public view for more than
1/2 of any continuous 10 day period. Materials described below which
are upon the property of a properly zoned business and which constitute
lawfully stored or displayed merchandise or services of said business
are excluded from this article:
(1)
An accumulation of dirt, soil, rock, gravel, bark, humus, sod, or
other similar natural materials; providing, however, the accumulation
of such material which is an integral part of an organized landscape
design, or which is part of an incomplete project, is excluded from
this definition if the excess or the residue of such accumulation
is completely removed from the property by the completion of the building
or landscaping project. A project shall be deemed completed if there
is no obvious change to the accumulation or to the project in any
30 day period;
(2)
Construction or packing material or supplies, including, but not
limited to, lumber, dry wall, roofing tile, cement, nails, pallets,
plywood, scrap lumber, or other building materials, products, or supplies;
electrical, irrigation or plumbing supplies; provided, however, that
a reasonable quantity of these materials and supplies is excluded
from this definition during active construction upon the subject property.
A project shall be deemed active if there is obvious change to the
accumulation or to the project in any 30 day period;
(3)
Firewood longer than thirty-six (36″) inches in length and greater
than twenty-four (24″) inches in diameter, all firewood that is not
stacked;
(4)
An accumulation of aluminum cans, newspapers, plastic bottles, glass,
cardboard or cardboard boxes, or an accumulation of other recyclable
materials that has been stored in public view for more than 1/2 of
any continuous 10 day period;
(5)
Any appliance, tool, equipment, furniture, furnishing, or other item
of personal property including, but not limited to, any couch, love
seat, sofa, sofa bed, recliner, hassock, upholstered chair, mattress,
bed springs, box springs, bed frame, headboard, desk, dresser, bureau,
cabinet, television, radio, stereo, stove, refrigerator, freezer,
dish washer, washing machine, dryer, shopping cart, sinks, toilets,
or any similar item, whether or not any such item is broken or abandoned,
resting or being stored on the premises in public view for more than
1/2 of any continuous 10 day period;
(6)
Any item or items or personal property, of any size and of any quantity,
which are littered on or scattered upon or about the property in a
random, haphazard, aimless, disarrayed, or disorganized manner, so
as to cause a public nuisance for more than 1/2 of any continuous
10 day period.
(§ 2, Ord. 1059, eff. December 7, 2007)
It is unlawful and shall constitute an abatable nuisance for
any person owning, leasing, occupying, or having charge, control,
or possession of any property in the City to maintain or permit to
exist upon such property any nuisance vegetation or junk, regardless
of the source or origin of such material.
(§ 2, Ord. 1059, eff. December 7, 2007)
(a)
It is unlawful and shall constitute an abatable nuisance for any
person to abandon or dump any nuisance vegetation or junk upon public
property, upon any public street, sidewalk, or alley, upon any private
property, thereof in the City. The unauthorized leaving of nuisance
vegetation or junk upon such property is unlawful and punishable as
an infraction or misdemeanor.
(b)
It is unlawful for any person to abandon or dump any garbage, trash,
rubbish, nuisance vegetation, or junk into any garbage container without
the express permission or consent of the person owning or renting
or having legal control of same.
(§ 2, Ord. 1059, eff. December 7, 2007)
It is hereby made the duty of every owner of real property in
the City to keep said property free and clear of all junk, nuisance
vegetation, and any other material prohibited thereon by this Code
which from any cause whatsoever has accumulated upon said property.
It is hereby made the duty of every property owner to lawfully destroy
or remove all such prohibited materials from his or her private property,
from the abutting half of the street and/or alley, from the sidewalk
space thereupon, and between the sidelines thereof as extended. Failure
of any property owner so to do is unlawful and punishable civilly,
criminally or administratively and creates a nuisance subject to penalty
or abatement as provided in this chapter.
(§ 2, Ord. 1059, eff. December 7, 2007)
(a)
The City Council has authorized reinspection fees for all third (3rd)
and subsequent reinspection of properties or activities regulated
under this chapter when, upon reinspection, the City determines the
properties or activities previously found not in compliance with the
provisions of this chapter continue not to be in compliance.
(b)
Reinspection fees shall be charged according to the following schedule:
(c)
Where the assessment of reinspection fees is authorized under this
section, the City shall provide the responsible party with a written
notice stating:
(d)
Code enforcement fees collected pursuant to this chapter shall not
be duplicated by any other action to recover these fees.
(e)
Failure of the responsible party to receive notice of reinspection
fees shall not affect the validity of any fees imposed under this
chapter.
(f)
The reinspection fee schedule is established and will be revised
as necessary by the City Council to reflect current costs incurred
for the additional work undertaken by City staff when the responsible
party fails to correct Code violations identified in this chapter
in a timely manner.
(g)
The City shall collect the assessed reinspection fees by the use
of appropriate legal means, including, but not limited to, referral
to the Finance Department for collection or assessment against the
property.
(§ 2, Ord. 1059, eff. December 7, 2007)
