It is the purpose of this article to eliminate
the keeping of detrimental objects and/or materials on premises within
the corporate limits of the Town of Ocean View. The Town Council of
the Town of Ocean View has determined that the conditions hereinafter
enumerated and described tend to interfere with the enjoyment of and
reduce the value of private property; create fire hazards; create
an eyesore; provide a breeding ground for rats, vermin and noxious
insects; and contribute to the deterioration of both residential and
nonresidential areas of the Town. The Town Council hereby declares
the same to be and constitute a public nuisance and declares it to
be the purpose of this article to promote the health, safety and welfare
of the citizens of the Town by prohibiting such nuisances.
No person shall cause, suffer, permit or maintain
the existence of any nuisance upon any property owned, occupied or
controlled by that person or upon any sidewalk, parking strip or street
abutting the property occupied or under his or her control.
A.
The following are declared to be common and public
nuisances and subject to abatement as provided in this article:
(1)
Any accumulation of decomposed animal or vegetable
matter, garbage, cans of any material, containers, ashes, offal, filth,
waste or other putrid or unwholesome refuse, matter or substance or
substances which, by itself or in conjunction with any other substance
or substances, is detrimental to public health, safety or comfort;
provided, however, that any properly maintained compost pile, occupying
less than 20 square feet of ground area, located in the rear half
of any lot and not closer than 10 feet to the property line, shall
be exempt from this article.
(2)
Any accumulation of trash, litter, refuse, hay, grass,
straw, other yard wastes, wastepaper, waste lumber and building material,
or any other waste material or rubbish of any character.
(3)
Any common growth of weeds, underbrush or other growth,
trash, debris, litter or rubbish capable of harboring obnoxious insects
of any kind such as ticks, mosquitoes and flies, or any vermin-carrying
rodents, or skunks, where the density of population is normally considered
as a built-up area.
(4)
Any brush, bushes, trees, limbs, shrubbery, flowers
or other vegetative growth projecting over any sidewalk or street
area, whether the same is growth for food, fuel, shade or ornamentation;
provided that the branches or limbs of trees may project over any
sidewalk or street area at an elevation of not less than 12 feet above
the level of the sidewalk or street surface.
(5)
Any accumulation of earth, rock, stone or other debris
on any sidewalk parking strip or street.
(6)
Any damaged, discarded, abandoned or unused appliance,
furniture, fixture, equipment, tires, dishes, utensils, glassware,
containers, propane tanks or other similar items of personalty on
any private property not completely enclosed within a roofed building
or on any sidewalk, parking strip or street abutting such property.
(7)
Any damaged, discarded or abandoned motorized machinery,
motor vehicle, trailer, boat, sailboard, jet ski or other means of
aquatic conveyance that is inoperable, dismantled, wrecked or from
which major components have been removed, is in such a state of disrepair
as to be incapable of being used or operated in the manner for which
it was designed and is situated on private property.
B.
For purposes of this section: "Waste material" does
not include materials accumulated in an orderly fashion within the
'rear yard' for useful purposes such as firewood, and building materials
in good condition, topsoil and earthfill, except that the accumulation
of such material in a haphazard fashion within five feet of adjacent
property lines shall be prima facie evidence of waste and a nuisance
to adjacent property or to the health or safety of other persons.
Building materials, for use in construction where a valid building
permit issued by the Town of Ocean View is in effect may be stored
in an orderly manner within five feet of adjacent property lines.
No refuse, rubbish, trash or other waste materials
shall be deposited by any person on land or improved premises outside
all districts, except that such refuse, rubbish, trash or other waste
material shall be placed in a metal or heavy-duty plastic container
having a lid or in a plastic bag, said bag to be securely tied sufficient
to prevent the same from being scattered or carried away by nature
upon adjoining land or improved premises. The owner or possessor of
such land or improved premises, any officer of a corporation being
the owner or possessor of such land or improved premises in all districts
and any agent having the management thereof whose employee or agent
violates the provisions of this section shall be deemed to be in violation
of the provisions of this chapter.
A.
Upon a finding by the Town Administrative Official
or designee that a property owner or tenant is storing, using or maintaining
detrimental objects or materials on premises, the Town of Ocean View
shall send by certified mail with return receipt requested and postage
prepaid a notice to the owner of record of the property as shown on
the tax records of the Town to take whatever steps are necessary to
alleviate the nuisance within 10 days following receipt of such notice.
A.
If, within 10 days after notice thereof by certified
mail with return receipt requested and postage prepaid from the Town
of Ocean View to the owner, or possessor of land or improved premises
where there is existence of a nuisance, as herein enumerated, nuisances
in violation of this chapter are not removed, the Town of Ocean View
may cause such nuisances to be removed.
B.
In the event that such notice is returned to the Town
of Ocean View because of the inability to make delivery thereof, and
provided that the same was properly addressed to the owner of record
of the property as shown on the tax assessment records of the Town,
the Town of Ocean View is hereby authorized to cause such nuisance
to be abated and to cause the costs of such abatement to be collected
from the owner or occupant of the property.
Any person, persons, partnerships, corporations,
or other entity who shall in any way violate the provisions of this
article shall, upon conviction thereof, forfeit and pay to the Town
of Ocean View a fine not exceeding the sum of $250 for the first offense.
Each subsequent offense is subject to a fine not exceeding the sum
of $500.
