(A) Common law and statutory nuisances. In addition to what is declared in this section to be a public nuisance, those offenses known to the common law and state statutes as public nuisances may be treated as such and be proceeded against as is provided in this subchapter or in accordance with any other provision of law.
(B) Certain conditions declared public nuisances. It shall be unlawful for the owner, occupant or person having control or management of any land within the county to permit a public nuisance to develop thereon. The following conditions are declared to be public nuisances.
(1) Dangerous trees or stacks adjoining street. Any tree, stack or other object standing in such a condition that will, if it is allowed to continue, endanger the life, limb or property of, or cause hurt, damage or injury to, persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.
(2) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage, or other waste material that endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents or insects, emit odors, be unsightly, or blow rubbish into any street, sidewalk or property of another.
(3) Storage of explosives. The storage of explosive material that creates a safety hazard to other property or persons in the vicinity.
(4) Weeds and grass. The excessive growth of weeds, grass, or other vegetation, except flowers or other ornamental vegetation that are well maintained. Unless otherwise provided, EXCESSIVE shall mean growth to a height of ten inches or more.
(5) Removal of vines. The property owner or occupant of property within the county with overgrown and out-of-control vines and/or vegetation growing on the building on the property shall remove the vines and/or vegetation to a manageable and controlled condition, if these vines are adversely affecting the integrity of the structure, unless the growth is meant to be ornamental.
(6) Open wells. The maintenance of any open, uncovered, or insecurely covered cistern, pools, ponds, water containers, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.
(7) Trees and shrubbery obstructing streets, sidewalks and drainage. The growth and maintenance of trees or shrubbery that in any way interfere with the use, construction or maintenance of roads, streets or sidewalks, cause injury to streets or sidewalks, or constitute an obstruction to drainage.
(8) Swimming pools. A SWIMMING POOL is any structure intended for swimming, recreational bathing, or wading that contains water at a depth of over 24 inches (610 millimeters). The following requirements apply to both aboveground and in-ground pools.
(a) Location.
1. No portion of the pool or attached filtration equipment shall be located at a distance of less than five feet from any property line.
2. No portion of the pool or attached filtration equipment shall abut another permanent structure so as to create a safety hazard.
3. Any overhead electrical wires must be rerouted around the pool, coming no closer than 12 lateral feet.
(b) Filtration.
1. All pools shall be equipped with a filtration system with a gallons-per-hour pump capacity sufficient to turn the total pool gallonage in an 18-hour capacity.
2. The filtration system must incorporate as its filter media either sand and gravel, diatomaceous earth, a fibres cartride filter, a mesh sock-type filter or any other filter media recognized as adequate by the National Swimming Pool Institute (NSPI).
3. The pool filtration system must be run sufficient number of hours daily so as to keep the water reasonably strained.
4. A pool surface skimmer must be used in conjunction with the filtration system.
5. The pool filtration system must have a good electrical ground, either through the use of a three-prong grounded electrical receptacle, or a ten-foot grounding rod properly sunk and wired.
(c) Chemical treatment.
1. The swimming pool owner must add pool chemicals of sufficient type and quantity so as to keep the water hygienically safe.
2. Swimming pool chemicals must be added to the pool water via a chemical dispenser or in a water diluted solution.
(9) Temporary storage containers.
(a) Defined. A TEMPORARY STORAGE CONTAINER is a container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, storage moving “Pods”, or other portable structures that are placed in residential zones in the county and used for storage of items, including, but not limited to, clothing, equipment, goods, household or other fixtures and furnishings, materials and merchandise.
(b) Residential zones.
1. Only one temporary portable storage container shall be permitted per parcel in all residential zoning districts in the county where a residential unit is located, or a building permit has been issued for the construction of a residential unit. No portable storage unit will be permitted on a vacant parcel in a residential zone.
2. Temporary portable storage containers shall be allowed on an approved driveway or in a side or rear yard for a period not to exceed 180 days in a 12-month period in a residential zone in the county. No temporary portable storage container shall be placed or located in a circulation aisle or lane, fire access lane, public utility easement or public right-of-way, including roads, streets, sidewalks and park strips.
3. If a building permit has been issued for the construction or remodeling of a structure in a residential zone in the county, then the container must be removed within ten days of the final building inspection or occupancy.
(10) Exterior cleaning. Property owners or occupants of property in residential zones in the county shall make every effort to keep the property from becoming unsightly. If the building on the property becomes covered with algae, mold, mildew, or other organic material, the property owner or occupant shall make every effort to have the building cleaned of such material.
(C) Responsibility for nuisances created by others. For the purposes of this subchapter, it shall not be essential that the nuisance be created or contributed to by the owner, occupant or person having control or management of the premises, but merely that the nuisance be created or contributed to by licensees, invitees, guests or other persons for whose conduct the owner or operator is responsible, or by persons for whose conduct the owner or operator is not responsible, but of which, by the exercise of reasonable care, he or she ought to have become aware.
(1) Accumulating putrid or putrescent rubbish, garbage, vegetable, or animal or fowl refuse that emits odors, or is unsightly or a fire hazard, or is otherwise obnoxious to the general public.
(2) Permitting any private storm sewer or private sanitary sewer to become obstructed, or to be open to the air, or to overflow including grass clippings, litter, and debris.
(3) Permitting storm sewers or drains to flow into the county’s sanitary sewer.
(4) Connecting roof or surface drainage with or permitting it to be fed into the sanitary sewer system.
(5) Stopping, impeding or permitting any stoppage or impedance in the flow of water through storm sewers or private sanitary sewers, or diverting the flow of natural drainage water through natural drains, whether through open drainage ditches or enclosed drains. It shall be the duty of all property owners in the county to keep storm sewers, private sanitary sewers and private natural drains on or passing through their property open and in proper operation, and to prevent stoppage or interference with proper drainage.
(6) Maintaining or tolerating open cisterns, pools, ponds or similar water containers in which the accumulation of water and filth is allowed to stagnate and to become obnoxious or detrimental to the health and welfare of the community or county at large.
(7) Outside open toilets where water and sewer facilities are available.
(8) Drainage from outside toilets or cesspools onto the property of other persons, or exposure of such outside toilets to flies and mosquitoes, or permitting the emission of odors that are obnoxious to the contiguous community.
(9) Materials used to fill vacant or undeveloped land shall consist of dirt, sand, rock, stone, gravel or similar non-organic matter only; materials prohibited for use as fill shall include, but not be limited to: furniture, solid waste, wood, metal, plastic, glass, rubber or rubber substitute, appliances, debris and any other organic matter whatsoever.
(10) (a) All and any dirt, earth or debris within the county shall be kept and/or transported in such manner that it will not wash, drain, be tracked, spilled or otherwise caused to enter and be deposited in or upon the roads, streets, sanitary sewers, storm sewers and/or other drainage facilities in the county.
(b) Any person who displaces or relocates or causes to be displaced or relocated any dirt, earth or debris, and such displacement or relocation places the dirt, earth or debris in such a manner that it washes, drains or is caused to enter and be deposited in or upon the roads, streets, sanitary sewers, storm sewers and/or other drainage facilities in the county, shall forthwith remove and relocate the dirt, earth or debris to a safe location and shall clean up or cause to be cleaned up any dirt, earth or debris that has washed, drained or entered any street, storm sewer, sanitary sewer or other drainage facility. The provisions of this section apply also to any person, including property owners, building contractors or developers, who directs or permits another person to drive a vehicle onto a building site so as to displace or relocate any dirt, earth or debris in the manner described in this section. Erosion control shall be carried out by the construction and implementation of a silt fence around dirt, earth, rock, or debris to prevent it from washing, draining, or being deposited onto any road, street, storm sewer, sanitary sewer, or drainage facility.
(c) When such person as described in division (10)(b) above fails to forthwith remove and relocate any dirt, earth or debris and clean up or cause to be cleaned up the dirt, earth or debris as required by division (10)(b), the county may proceed to remove and relocate and clean up the dirt, earth or debris. In such case, the county may charge the responsible person with the cost of the removal, relocation and cleanup of the dirt, earth or debris.
(Ord. 2022-2, passed 3-24-2022)