(a) Definitions. As used in this section:
(1) "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.
(2) "Property" means any real property within the Municipality which is not a street or highway.
(3) "Automobile parts" means and includes any portion or parts of any vehicle as detached from the vehicle as a whole.
(4) "Scrap metal" means and includes pieces of 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 or useful for its originally intended purpose.
(5) "Junk" means scrap metal as defined above together with any other type of metal and also salvaged rope, bags, paper, rags, glass or rubber or any other material attached thereto and similar or related articles or property.
(Ord.463. Passed 5-10-66.)
(b) Storage Generally. No person in charge of or in control of any property within this Municipality, whether as owner, tenant, occupant, lessee or otherwise, shall allow any automobile parts, scrap metal or junk to remain on such property longer than five days after receipt of a written notice from the Police Department to remove such automobile parts, scrap metal or junk from such property, except that this section shall not apply with regard to such automobile parts, scrap metal or junk in an enclosed building or in other sheds or enclosures specially designed for the purpose of storage of such material unless the same should become a nuisance.
(c) Storage in Buildings and Enclosures. When, in the opinion of the Director of Police, the storage of automobile parts, scrap metal or junk in any building or specially designed enclosure within this Municipality has become a nuisance, the Director or any member of his or her Department designated by him or her shall give notice to the person in charge of or in control of such property to the effect that such building or enclosure has become a nuisance. No person in charge of or in control of any property within this Municipality, whether as owner, tenant, occupant, lessee or otherwise, shall allow any automobile parts, scrap metal or junk or any junked vehicle to remain in any building or enclosure within this Municipality longer than fourteen days after receipt of a written notice from the Director or any member of his or her Department designated by him to the effect that such building or enclosure has become a nuisance. If any such person served with the notice as provided in this subsection fails to cause such violation to cease within fourteen days of the date upon which the notice provided herein was issued, he or she shall be subject to the penalties provided in this section and a separate offense shall be deemed committed upon each day during or on which the violation occurred or continues beyond such fourteen-day period, provided that no additional notice of violation is required to be given in such cases.
(Ord. 90-3. Passed 1-23-90.)
(d) Form of Notice. Notices under this section shall be in writing and shall be served upon the person in charge of or in control of such property within this Municipality, whether as owner, tenant, occupant, lessee or otherwise, either personally or at the usual place of residence of such person, in charge of or in control of such property, or by registered or certified mail, addressed to such person's last known place of residence.
(e) Exception; Building Materials for Own Use. Notwithstanding the provisions stated in divisions (b) through (d), any person in charge of or in control of any property within this Municipality may purchase new or used building materials and place or store them in any lots, parts of lots or parcels of land within this Municipality when such materials are to be used by the purchaser or person in charge of or in control of such property in later construction on the same lot or any lot owned or controlled by such person; provided that such materials shall not remain on such lots, parts of lots or parcels of land for a period of more than thirty days, unless actual construction or erection planned for the use of such materials has commenced and continues unabated daily, and provided further that such materials are actually used or consumed in the construction on the premises or are removed from the premises within a period of four months from the time such materials are first placed on the lots, parts of lots or parcels of land. No person shall move any material so stored or placed to another location within this Municipality for the purpose of avoiding the intent of this section, except that any such material may be moved to other lots, parts of lots or parcels of land when the same has been sold to a bona fide purchaser for value for such purchaser's own use.
(Ord.463. Passed 5-10-66.)
(f) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of minor misdemeanor for a first offense, a misdemeanor of the fourth degree for a second offense, a misdemeanor of the third degree for a third offense and a misdemeanor of the second degree for a fourth offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The penalty shall be as provided in Section 698.02.
(Ord. 84-23. Passed 11-13-84.)