Section
90.01 Purpose and applicability
90.02 Definitions
90.03 Duty to maintain property
90.04 Nuisances affecting health
90.05 Nuisances affecting peace and safety
90.06 Nuisances - enforcement and penalty
90.07 Liability
90.08 Use of a recreational vehicle as a dwelling
90.09 Use of vehicles for lodging prohibited on city streets and property
This chapter is designed to establish basic standards for the maintenance and upkeep of private and public property throughout the city to protect public health, safety and welfare and to help ensure that activities on 1 property do not disturb or impact significantly the use or enjoyment of neighboring properties. The owners and all persons in control of property within the city shall adhere to these standards, and any violation shall be processed as a civil infraction under the city's Civil Enforcement Chapter.
(Ord. 2014-05-02, passed 5-13-2014)
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JUNK.
Discarded, broken or disabled material including, but not limited to furniture, appliances, toys, tires, machinery or other equipment and any other item that is inoperable or otherwise unusable.
LITTER.
Discarded waste materials, including but not limited to paper wrappings, packaging
materials, discarded or used bottles, cans and other containers.
NUISANCE.
Any condition or use of property that annoys, injures or endangers the safety, health, comfort or repose of the public, unlawfully interferes with, obstructs or tends to obstruct or render dangerous for passage a public park, sidewalk, street or alley. Any violation of a substantive requirement of any Banks City Code, ordinance or any permit or approval issued by the City of Banks constitutes a nuisance.
ORDINANCES.
All ordinances adopted by the Banks City Council and any state law adopted therein by reference as these provisions now exist or may from time to time be amended or supplemented, and any codification of city ordinances that may be adopted.
OWNER.
Any person with an ownership interest in real property, as shown on the Washington County real property records or the most recent property tax records, and any person in possession or control of real property such as a renter, lessee, guest, invitee or other tenant.
PERSON.
Any individual, corporation, limited liability corporation, partnership, unincorporated association, local government, government agency or other legal entity.
PROPERTY.
Land and any improvements located thereon.
TRASH.
Waste food products, household garbage, discarded furniture, mattresses, inoperable or unused appliances, tires and the like.
(Ord. 2014-05-02, passed 5-13-2014)
The following conditions are declared to be nuisances that jeopardize the health, safety and welfare of the residents of Banks. No person shall engage in any of the following activities, nor shall any owner, resident or user of any real property or improvements, including a vacant lot, maintain or allow to be maintained, any of the following conditions visible from any public right-of-way or from any other property:
(A) Junk, trash, litter, discarded lumber, salvage materials or other similar materials;
(B) Attractive nuisances dangerous to children, including but not limited to abandoned, broken or neglected equipment, machinery, refrigerators and freezers, excavations, wells or shafts, and any unguarded machinery;
(C) Broken or discarded furniture, equipment, furnishings or shopping carts;
(D) Dead, decayed, diseased or hazardous trees, or any other vegetation that presents a hazard or danger to the public;
(E) Trees, hedges, billboards or other obstructions that prevent drivers or pedestrians from having a clear view of traffic signs and other control devices or traffic approaching an intersection from cross streets in sufficient time to stop before entering the intersection;
(F) Limbs of trees that are less than 8 feet above the surface of any sidewalk, street or public right-of-way;
(G) Wires, except clotheslines, which are strung less than 15 feet above the surface of the ground;
(H) Any sign or graffiti, not in compliance with the city's adopted sign regulations, on the exterior of any building, fence or other structure;
(I) Vehicle parts or other articles of personal property which are discarded or left in a state of disrepair, repair or partial construction;
(J) Any accumulation of growing or cut and piled grass, weeds, brambles, branches, berry vines, or other vegetation;
(K) Hanging signs, awnings, A-frame signs and or similar structures in or over the public right-of-way, streets or sidewalks without permit, or which are situated in a manner that endangers public safety, or constructed and maintained in violation of applicable city requirements;
(L) Vehicles, boats, trailers, or parts thereof, that are inoperable due to lack of legal requirements, have no currently valid license or registration, safety equipment or the like, or are not capable of being safely operated or driven in the manner for which they were designed, or have been on the same parcel of private property for 30 days or longer. This section shall not apply to vehicles enclosed or stored within a building with walls and a roof that are completely screened from public view.
(M) Sidewalks; duty of abutting property owner. The failure of a property owner to maintain, keep and repair any sidewalk abutting the owner’s property in a safe condition, to keep them free of accumulated ice, snow and leaves, is declared to be a nuisance. It shall be the duty of all persons owning lots or lands which have abutting sidewalks to maintain, keep and repair those sidewalks in a safe condition, to keep them free of accumulated ice, snow and leaves, and to not permit them to become or remain in a dangerous or unsafe condition. Any owner of lots or lands who neglects to promptly comply with the requirements of this section shall be liable to anyone injured by such negligence. Any property owner who neglects or otherwise fails to perform any duty required by this section and another person is injured as a result, the property owner shall reimburse the city for all damages it has been compelled to pay in such case, and those payments may be enforced in any court having jurisdiction.
(Ord. 2014-05-02, passed 5-13-2014; Am. Ord. 2017-06-02, passed 7-13-2017)
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