(A) The existence of any of the following conditions on any vacant lot or other parcel of land within the corporate limits is hereby declared to be dangerous and prejudicial to the public health or safety and to constitute a public nuisance:
(1) The uncontrolled growth of noxious weeds or grass to a height in excess of 12 inches, causing or threatening to cause a hazard detrimental to the public health or safety;
(2) Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitance therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health;
(3) Any accumulation of rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health; and
(4) Any condition detrimental to the public health which violates the rules and regulations of the County Health Department.
(5) Any dead, diseased or damaged trees or plant materials which may harbor serious insect or pests or disease injurious to other trees or plants is considered a nuisance. Also any tree in such a state of deterioration that any part of the tree is likely to fall and damage property or cause injury to a person is considered a nuisance. Trees and plants cannot be allowed to grow in such a manner that they block public sidewalks or other types of right of way or impede pedestrian or vehicle traffic or make travel on sidewalks or roadways unsafe. Property owners will be sent notification if such tree or plant growth has been determined to be a nuisance by the Town's Authorizing Official. After 15 days if the nuisance is not abated or an acceptable agreement made between the property owner and the Town's Authorizing Official, the town may abate the nuisance and assess the costs involved to the property owner.
(B) The Police Chief, the Town’s Zoning Administrator or any other designee appointed by the Board of Commissioners (hereinafter sometimes called the Town’s Authorizing Official), upon notice from any person of the existence of any of the conditions described in division (A) of this section, shall cause to be made by the appropriate County Health Department official, or town official, an investigation as may be necessary to determine whether, in fact, such conditions exist as to constitute a public nuisance as declared in division (A) of this section.
(Prior Code § 92.01) (Ord. passed 6-10-2004; Ord. passed 9-18-2008; Ord. passed 12-11-2008)