A. Declaration Of Public Nuisance: Items or materials which are on public property and because of their condition or location cause harm or prejudice to another, or which obstruct, impair or destroy the reasonable and peaceful public use of the property, are hereby declared to be public nuisances. This declaration of public nuisances is in addition to those set forth in title 4, chapter 2 of this Code. (1995 Code § 5-1-412; amd. 2019 Code)
B. Personal Property Items; Exception: Items of personal property that are caused to be parked, stored or left to encroach upon any City sidewalk or street right-of-way, except that licensed and operable vehicles are allowed in accordance with section 7-1-4 of this chapter, are considered a nuisance. (Ord. 09-04, 11-17-2009)
C. Abatement: Any item or material found to be a nuisance from the provisions of this section may be abated by removing or impounding the same, or by any other appropriate means. The cost of such abatement shall be borne by the person or party responsible for causing the nuisance.
D. Notice: Before an officer or employee of the City may abate the nuisance, the City shall provide notice that after seven (7) days the City will remove the nuisance and charge the owner thereof for the reasonable cost of removal. The owner shall then have the seven (7) day period from the notice period to begin to remove the nuisance with no consequences to him or her. After the seven (7) day period has expired, the City shall remove the nuisances and charge the owner thereof the reasonable costs of removal and for any storage or disposal fees that may apply. (1995 Code § 5-1-412)
E. Severability: If any section, paragraph, clause, or provision of this title shall be held invalid or unenforceable for any reason, the invalidity or unenforceability thereof shall not affect any of the remaining provisions of this title or any provision adopted thereby. (1995 Code § 5-1-414)