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(a) As used in this section:
(1) “Rubbish” means wire, chips, shavings, bottles, scrap tires and tubes, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, paper circulars and paper, handbills, boots, shoes, ashes, plastic materials or any other waste material other than garbage.
(2) “Used building material” means any material, such as wood, stone, brick, cement block or any composition thereof, used or useful in the erection or construction of any building structure but which has been used previously for such erection or construction.
(3) “Used home appliance” means any appliance not being used inside of a dwelling.
(4) “Scrap metal” means and includes pieces of and parts of steel, iron, zinc, copper, aluminum or any alloy thereof, whether intact or in part, which has served its usefulness in its original form and can no longer be used or is not useful for its originally intended purpose.
(b) No person shall keep, store, place or allow to remain, used building materials, used home appliances, scrap metal, refuse, rubbish or waste materials on any lot or part of any lot or parcel of land within the corporate limits of the City.
(c) The provisions of subsection (b) hereof do not apply to a used home appliance which is kept within an enclosed building.
(d) In case of a violation of this section, the Mayor shall cause to be given, by certified mail, to the owner, occupant or other person having possession of the premises upon which the violation occurs, to cease such violation within ten days of such receipt.
(e) If the owner, occupant or person having possession of such premises fails to cause such violation to cease within ten days of receipt of such notice, such person shall be deemed guilty of a violation of this section and shall be subject to the penalty herein provided.
(f) Notwithstanding the provisions of this section, it shall not be unlawful for any person to purchase used building materials and place or store them on any lot or part of a lot or parcel of land when such materials are to be used by the purchaser or owner in construction on the same lot owned or controlled by such person, provided that such materials do not remain on such lot or part of a lot for a period of more than thirty days, unless the construction or erection plan for the use of such used materials has commenced, and provided further that such materials are used or consumed in the construction or removed from the premises within 120 days from the time such materials are first placed on the lot or part of a lot. However, no person shall move any such used building materials so stored and placed to another location within the City for the purpose of avoiding the intent of this section unless such materials are used within ten days at the lot to which they are removed for the construction of a building for which a permit has been properly issued by the City.
(g) If such building materials are permitted to remain on the premises beyond the periods set forth in subsection (f) hereof, the Mayor shall cause notice to be given as provided in subsection (d) hereof.
(h) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 1982-180. Passed 11-15-82.)