§ 82.16 NUISANCES ENUMERATED.
   The existence of any of the following conditions on any vacant lot, parcel or public right-of-way within the town is declared to be dangerous, or prejudicial to the public health or safety, or detrimental to the economic well-being of the community, and therefore constitutes a public nuisance:
   (A)   (1)   The uncontrolled growth of noxious weeds or grass to include, but not to be limited to, the following:
         (a)   The growth of weeds or grass to a height of 15 inches;
         (b)   The growth of vines (such as kudzu, honeysuckle or similar vines) beyond the banks of a steep incline, in trees or upon other vegetation or upon buildings; or
         (c)   The growth of poisonous plants (poison ivy, poison oak or related vegetation).
      (2)   It shall be the duty of every person occupying, owning or having control of property abutting on a street or highway that utilizes a portion of the unused street or highway right-of-way as a yard or any other use, to maintain said right-of-way in the same character and manner as the abutting use. In no event shall the growth of weeds or grasses reach a height of 15 inches between the property line and the vacant adjacent paved roadway, including both swale and sidewalks.
   (B)   Any excessive accumulation of animal or vegetable matter. Animal and/or vegetable matter shall be disposed of in a manner suitable for collection by the agent responsible for household waste collection, and shall not be allowed to collect in yards, porches and so forth, except as follows:
      (1)   Animal and/or vegetable matter may be deposited in a compost pile or treated as compost, provided same is free of rodents and vermin. If rodents or vermin are present, the compost pile shall be constructed in such a manner as to be rodent free or same shall be removed; and
      (2)   Fire wood and/or other useable wood shall be stored in a manner to discourage the harborage of rodents, vermin and/or wood destroying insects.
   (C)   Any excessive accumulation of rubbish, trash, putrescibles, refuse, junk, or recyclable items which are publicly visible. Debris and discarded items shall not be allowed to accumulate within the yard or unenclosed porches. Appliances, upholstered furniture and other items not designed as patio or lawn furniture shall not be kept on unenclosed porches visible from a public street or in yard areas;
   (D)   The accumulation of stagnant water or conditions which promote the breeding of mosquitoes;
   (E)   Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or other solid, liquid, or gaseous waste which is determined by the Town Administrator or his/her designee to be detrimental to public health, safety, and welfare due to noncompliance with manufacturer’s storage and use requirements or standard safety practices;
   (F)   A swimming pool, pond, spa, or other body of water which is abandoned, unattended, unsanitary, empty, or not securely fenced and which is determined by the Town Administrator or his or her designee to be detrimental to public health, safety, and welfare;
   (G)   Any condition on a property meeting the requirements of divisions (1) and (2) below:
      (1)   Poses a threat to public health, safety, and welfare, is offensive to the senses, or unreasonably obstructs and interferes with the free use of property and the comfortable enjoyment of life; or
      (2)   Affects, at the same time, an entire community, neighborhood, or reasonably significant number of persons even though the extent of said obstruction or interference may vary throughout; and
   (H)   Any violation of Chapter 42 of this code.
(Ord. 14-8, passed 10-9-2014; Am. Ord. 23-2, passed 2-13-2023)