The following conditions within the town are declared to be nuisances.
(A) A nuisance shall include, not by way of limitations, any accumulation of garbage, trash, refuse, or other waste on property that materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents, or insects, or its blowing into any street, sidewalk, or property of another.
(B) Any building if any of the following conditions pertain:
(1) Such building has been damaged by fire or other casualty to such an extent that, following such fire or other casualty, it ceased to be occupied and such building has remained unoccupied for a period of six months from the date of said fire or other casualty;
(2) Such building has been unoccupied for a period of one year;
(3) However, no such building or premises shall be considered a nuisance if the owner has obtained the necessary permits for the repair or attention of any existing structure which has been unoccupied because of damage, for the demolition of any existing building and its replacement with a new building, or for the construction of a building on any vacant premises;
(4) The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated on private premises in any open or unfenced lot or place; and/or
(5) A nuisance shall include, not by way of limitations, pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its original intended purposes.
(C) A nuisance shall further include allowing the growth of weeds and/or grass in a built up area not to exceed a height of excess six inches.
(D) (1) A garage or yard sale may be conducted two times in any one calendar year on any premises located in an R-1, R-1A or R-2 District but no such sale shall be conducted for more than three consecutive days. No yard or garage sales are permitted in the Business District (see Chapter 111).
(2) A garage of yard sale shall only be conducted during the hours from sunrise to sunset.
(3) All items of personal property sold at a garage or yard sale shall be owned by the owner or occupier of the premises or be a participant at the sale. Personal property for a sale must not be property that has been acquired by the owner expressly for the purpose of resale.
(4) All personal property exhibited for sale outside any structure during a garage or yard sale shall be removed from the outside and placed within a building immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed.
(5) No garage or yard sale shall be held without the owner or occupier of the premises having first obtained a permit for the sale. The permit shall be obtained through application to the Administrator who shall issue such permit without charge. The permit shall specify the address and date of the sale, and the permit must be clearly displayed at the site of the garage sale at all times.
(6) Garage or yard sales that are organized and conducted by an home owners association “HOA” within the subdivision where the HOA is based only requires one permit.
(E) A nuisance includes the unauthorized dumping of any significant amount of trash or waste on any real estate in the town without the permission of the owner. Due to the problems experienced by the town, this type of nuisance is subject to a special fine provision as set out in § 90.99.
(Prior Code, § 6-45) (Ord. 1994-10, passed 7-25-1994; Ord. 1995-4, passed 9-25-1995; Ord. 2014-8, passed 7-8-2014; Ord. 2016-5, passed 5-19-2016; Ord. 2017-10, passed 9-12-2017) Penalty, see § 90.99