The existence of any of the following conditions on any lot or parcel of land in the city, is hereby declared to be noxious, dangerous, detrimental and prejudicial to the public health, safety or general welfare and/or constitutes a public nuisance in violation of the provisions of this chapter:
(A) Weeds and/or uncontrolled growth of vegetation.
(1) Any uncontrolled growth of noxious weeds, grasses to a height in excess of ten inches and/or the uncontrolled growth of bushes causing or threatening to cause infestation by rats, mice, snakes or vermin of any kind or constituting a fire hazard or which in any other way is detrimental to the public health, morals, safety or general welfare; provided, however, that this subsection shall not apply to planted and cultivated flowers, shrubbery, vegetables or crops, properties not reasonably accessible to power mowing equipment, and undeveloped parcels greater than five acres in size, except as provided in § 96.03(A)(2).
(2) Any uncontrolled growth of noxious weeds, grasses or bushes on undeveloped parcels greater than five acres in size, including previously tilled farm land that is not cultivated or planted during a growing season if:
(a) The growth is at a height in excess of 24 inches and is causing or threatening to cause infestation by rats, mice, snakes or vermin of any kind or constituting a fire hazard or which is in any other way detrimental to the public health, safety or general welfare; and
(b) The growth is within a distance of 50 feet from any residential use.
(3) Any uncontrolled growth of wild shrubs, bushes, vines, weeds or similar vegetation that is accessible and controllable by any reasonable means, is on any lot that contains a dwelling unit or is on a lot within 100 feet of any residential property, and is uncontrolled growth that:
(a) Contain other nuisances as set forth in this chapter; or
(b) 1. Consists of wild, dense or uncontrolled vegetation, including overgrown shrubs, underbrush, small trees, vegetative debris, or poisonous plants, that is in such concentration or condition so as to contribute to or cause a breeding ground for rodents, wild animals, or constitute other hazards detrimental to public health, safety or welfare.
2. This subsection shall not apply to areas that are not accessible or controllable by reasonable means, or to natural areas which customarily exist in a natural condition such as predominately forested areas with numerous trees, or areas that consist of managed, landscaped plantings, shrubs, or other cultivated or managed vegetation, including planted areas with legitimate landscape plants for screening purposes, or plant areas required by the City Code of Ordinances to be set aside or planted for buffering or screening purposes, or to protected natural areas or plants under state or federal laws.
(4) It shall be illegal and unlawful for any individual or business to scatter, cast, throw, blow, place, sweep, or deposit anywhere on a city street, curbing, and/or sidewalk any limbs, trash, sand, grass clippings, leaves, litter and/or other debris. Such accumulation is dangerous or prejudicial to the public health, public safety, lessens the efficient operation of the storm drainage system of the city, contrary to storm water regulations, or otherwise constitutes a public nuisance.
(5) The owner of any property and/or dwelling unit shall have the sole responsibility to remove and to exercise reasonable diligence at all times to keep any street, curbing, and/or sidewalk clean of any limbs, trash, sand, grass clippings, leaves, litter and/or other debris and other used or waste materials intentionally or unintentionally growing, scattered, discarded, thrown, blown, swept, deposited, or haphazardously left in any street, curbing, and/or sidewalk. The owner of any property and/or dwelling unit shall have the sole responsibility to prevent the continuous, ongoing or persistent, accumulation, growth and/or depositing of same from drifting or blowing to adjoining premises and gutters by removing such waste. Such accumulation is dangerous or prejudicial to the public health, public safety, lessens the efficient operation of the storm drainage system of the city, contrary to the city’s storm water regulations, and/or otherwise constitutes a public nuisance.
(6) The owner of any property and/or dwelling unit, including unoccupied property, and/or any business or corporation in control of such lawn or yard maintenance shall have the sole responsibility to remove and to exercise reasonable diligence at all times to keep the premises from the street to the front and/or side yard, including the curbing and/or sidewalk clean of any accumulation or growth of grass, weeds, limbs, trash, clippings, leaves, sand, litter, debris, and other used or waste materials intentionally or unintentionally growing, scattered, discarded, thrown, blown, swept, deposited, or haphazardously left. Such accumulation is dangerous or prejudicial to the public health, public safety, lessens the efficient operation of the storm drainage system of the city, contrary to the city’s storm water regulations, and/or otherwise constitutes a public nuisance.
(B) Litter, trash, construction materials and/or other debris.
(1) In order to protect the health, safety and general welfare of the public, preserve the enjoyment of property rights and other rights from obnoxious and undesirable infringement, promote the general public welfare of the community, and prevent social harm from the effects of unwanted and detrimental influences that cross property lines, it shall be unlawful for any person owning, occupying or having in his possession or under his control any lot or parcel of land, improved or vacant, in the city, and/or any business or corporation in control of such lawn or yard maintenance to permit to exist on such lot or parcel of land any of the following conditions.
(2) Any litter consisting of man-made and used materials which is scattered, cast, thrown, blown, placed, swept, or deposited anywhere on a persistent, continuous or ongoing basis so as to accumulate on any property in open places such that is dangerous or prejudicial to the public health or otherwise constitutes a public nuisance.
(For purposes of this chapter, "open places" are defined as areas of properties or portions thereof that are open to the exterior, including building openings of residential dwelling units, such as carports or porches, and any other exterior portions of properties ordinarily exposed to the outside and/or public view, including front, side and rear yards, excluding any enclosed porch.) The owner and occupant of any property and/or dwelling unit shall exercise reasonable diligence at all times to keep exterior premises clean of litter, including glass, bottles, waste paper, wrapping paper, paper napkins, cartons, package containers, and other used or waste materials intentionally or unintentionally scattered, discarded, thrown, or haphazardously left on such premises on continuous, ongoing or persistent basis, and to prevent same from drifting or blowing to adjoining premises by removing such waste.
(3) Except as otherwise allowed herein, any icebox, refrigerator or other container of any kind which has an airtight snap lock or other device thereon and is in use in open areas shall be crated, strapped or locked to such an extent that is impossible for a child to obtain access to any airtight compartment thereof. Snap locks or doors on any discarded refrigerator, icebox or container shall be removed prior to disposal.
(4) The presence or accumulation of dead animals; decayed meat, vegetables, fruit or other vegetable matter; filthy privies or stables; garbage, trash, litter or other waste products; or materials of any kind, including uncontrolled accumulation of organic debris, which are or may be offensive by virtue of strong odors or vapors, or by the inhabitancy therein of rats, mice, snakes or vermin of any kind, or by constituting a fire or safety hazard or other condition which otherwise may be dangerous or prejudicial to the public health or constitute a public nuisance. All animal food shall be kept, dispensed and stored in such a manner as to minimize availability of food or harborage for vermin.
(5) Any concentration of unusable building materials, including concrete, steel or masonry, which due to deterioration or age are no longer suitable for building construction, alterations or repair, and which are in open places and are or may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance. The owner and occupant of any property and/or dwelling unit, including unoccupied property, shall have the sole responsibility to remove and to exercise reasonable diligence at all times to keep any concentration of unusable building materials, including wood, concrete, steel or masonry, from accumulating such that it is unsightly, detrimental, dangerous or prejudicial to the public health or otherwise constitutes a public nuisance.
(6) Any products with jagged edges of metal or glass which are kept in open places and are or may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance.
(7) Any concentration of discarded bottles, glass, cans, or used medical supplies which are in open places or in confined areas which may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance.
(8) Any junk, waste materials, unusable building materials, trash, garbage, oily rags, barrels, cans, papers, bricks or brickbats and other litter, refuse, rubbish or combustible materials which is scattered, cast, placed or deposited in a yard or yards, so as to constitute an accumulation or concentration in an open area and are or may be dangerous or prejudicial to the public health or otherwise constitute a public nuisance.
(9) The presence, accumulation, storage or placement of:
(a) Junk, including but not limited to, deteriorated, unusable or inoperative furniture, appliances, machinery, equipment, building materials, worn out and disused automobiles or parts, tires or any other man-made items which are either in whole, or in part, wrecked, junked, disused, worn out, dismantled or inoperative.
1. Storage of junk shall only be allowed on any properties used for nonresidential purposes if such use is permitted in accordance with the Unified Development Code, completely enclosed within a building in compliance with applicable building codes, or otherwise evenly placed or neatly stacked and concealed by a solid fence or other means so as to not be visible at the property line from abutting properties or a public street.
2. Storage of junk shall only be allowed on any property used for residential purposes if completely stored in an enclosed building or limited to 50 square feet in area and completely concealed by a solid fence or other means so as not to be visible at the property line from abutting properties or a public street, concentrated in one area within the rear yard and neatly arranged or stacked so as not to exceed five feet in height.
3. Whether stored on a residential or nonresidential property such storage of junk shall be maintained in such a manner so as to prevent overgrown grass or weeds or an infestation of wild animals, reptiles and rodents.
(b) Usable building materials, unless (i) stored on any nonresidential lot on which the use is permitted by the Unified Development Code, or (ii) if stored on any residential lot where construction has stopped or never commenced for a period of six months and there is not a current, valid outstanding building permit issued for construction on the residential lot, such storage is inside a completely enclosed building (if otherwise permitted on the lot) or placed in the rear of the lot and stored in accordance with § 96.03(B)(9)(b)2. above.
(c) Construction fill materials stored or used as fill material must (i) be approved by the Code Enforcement Officer as a reasonable landscape feature evidenced by a comprehensive landscape plan showing such features for legitimate landscape purpose as part of the total development of the lot; (ii) be leveled within 30 days; (iii) be leveled and covered with at least six inches of dirt within 30 days if the material includes: concrete, brick, demolition debris, trees, tree stumps, and the like, but not including fill dirt; (iv) under no circumstances, may any fill material contain any asphalt of any kind.
(c) Construction fill materials stored or used as fill material must (i) be approved by the Code Enforcement Officer as a reasonable landscape feature evidenced by a comprehensive landscape plan showing such features for legitimate landscape purpose as part of the total development of the lot; (ii) be leveled within 30 days; (iii) be leveled and covered with at least six inches of dirt within 30 days if the material includes: concrete, brick, demolition debris, trees, tree stumps, and the like, but not including fill dirt; (iv) under no circumstances, may any fill material contain any asphalt of any kind.
(d) Firewood, except when such storage is neither in excess of a total area of 100 square feet not stacked to a height more than six feet above the ground. Whether completely enclosed in a building or concealed by a fence or cover or otherwise permitted on the lot, such storage or accumulation of the above items shall not be permitted if it causes or threatens to cause a fire hazard, or threatens to cause accumulation of stagnant water, causes or threatens to cause the inhabitation therein of rats, mice, snakes, or vermin, or wild animals of any kind, constitutes a hazardous condition, or causes or threatens to cause a public nuisance, all of which are or may be dangerous or prejudicial to the public health or general welfare.
(C) Stormwater treatment, retention or impoundment devices (Structural Best Management Practice (BMP)).
(1) Any stormwater treatment, retention or impoundment device (Structural Best Management Practice (BMP)) which is operating improperly and was constructed for compliance with the City of Goldsboro: Stormwater Management Program for Nitrogen Control in the Neuse River Basin.
(2) Improperly operating BMPs (stormwater control facilities) are prohibited; responsibility for maintenance:
(a) If structural BMPs are implemented to achieve nitrogen loading and/or flow attenuation requirements for a new development for compliance with the City of Goldsboro: Stormwater Management Program for Nitrogen Control in the Neuse River Basin, then the city requires a maintenance plan for the BMPs. In addition, each BMP will be inspected by the city on an annual basis.
(b) A structural BMP is any structure utilized for reducing nitrogen or peak flow rates from new developments. This may include but is not limited to wet detention pools, constructed wetlands, open channel practices, riparian buffers, bioretention, vegetated filter strips with level spreader, sand filters, and proprietary BMPs.
(c) BMPs should be constructed on the same lot as the new development, with the property owner assuming responsibility for the long-term maintenance. BMPs may be constructed at an off-site location provided they are approved beforehand by the City’s Planning and Engineering Departments; however, the property owner still maintains responsibility for long-term maintenance of the structure. In the event that a BMP is severed from the original site it was designed for (such as by the division of the original site, sale of a portion of the original site, or construction of a road through the site), a substitute BMP must be constructed by the responsible party (the property owner, unless otherwise determined by the city) to fulfill the nitrogen and/or peak flow reduction capabilities of the original BMP.
(3) Compliance with provisions.
(a) This chapter applies to any development which falls under either of the Neuse Stormwater Rule’s definition for
NEW DEVELOPMENT.
(b) Any activity that disturbs greater than one acre of land in order to establish, expand, or modify a single family or duplex residential development or a recreational facility. (
LAND DISTURBANCE is defined as grubbing, stump removal, and/or grading.)
(c) Any activity that disturbs greater than one-half an acre of land in order to establish, expand, or modify a multifamily residential development or a commercial, industrial, or institutional facility.
(4) Inspections and annual inspection fee.
(a) The Building Inspector (or other authorized agent of the city) has full power and authority to enter upon a premise housing a BMP for the purpose of inspecting the BMP on an annual basis. The City Council has established an annual inspection fee of $100 per structural BMP to fund this additional inspection program.
(b) In addition, the Building Inspector may enter the site as necessary to document improperly operating BMPs, follow up on scheduled maintenance activities, or to conduct maintenance themselves.
(D) Animal nuisances. The keeping of any animal in such manner or in such numbers as to constitute a public nuisance is hereby prohibited. For the purposes of this section, a public nuisance shall include, but not be limited to, the following:
(1) The keeping of any animal which by continued or repeated howling, yelping, barking or otherwise, causes loud noises which would disturb the quiet, comfort or repose of a reasonably prudent person on adjoining property;
(2) The keeping of any animal which habitually is at large;
(3) The keeping of a cape or pen constructed and used for the purpose of restraining animals within ten feet of the outer limits of the lot upon which the cage or pen is situated; provided, however, this setback requirement shall not be applicable where the placing of the care or pen within the ten-foot area does not result in locating the cage or pen within 50 feet of the nearest household occupied by persons other than the owner or keeper of the cage or pen. This division shall not apply to the fencing of all or a major portion of a lot;
(4) Allowing or permitting an animal to damage the real or personal property of anyone other than its owner, including, but not limited to, turning over garbage containers, or damaging gardens, flowers, or vegetables, or defecating upon the property of another;
(5) Maintaining animals in an unsanitary environment which results in unsightly or offensive animal waste, litter, or odor which would disturb a reasonable person on adjoining property;
(6) The keeping, possession, harboring or feeding of animals, wild, feral or domesticated, which threaten the public health, safety and welfare of the community;
(7) The keeping, possession, harboring or feeding of animals, wild, feral or domesticated, which as a result of such keeping, possession, harboring or feeding, causes damage to real or personal property of anyone other than the person keeping, possession, harboring or feeding such animals;
(8) Maintaining an animal that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, joggers, animals walked on a leash, bicycles, or other vehicles;
(9) Failing to confine a female dog while in heat in a secure enclosure in such a manner that she will not be in contact with another dog, or attract other animals;
(10) Except as otherwise provided in § 91.16 (which states that it is unlawful for any owner to keep more than three dogs within the city), the keeping of seven or more animals per household or lot, regardless of lot size and regardless of whether any of the provisions of this division are violated, shall be considered a nuisance. This division shall not apply to offspring under the age of 16 weeks and to animals kept by a kennel or pet shop licensed in accordance with state and local law and to animals kept by a kennel, pet shop or other facility licensed or registered by the Department of Agriculture or the Veterinary Medical Board;
(11) The tethering of any animal to public property or in a public right-of-way.
(E) Breeding grounds for mosquitoes.
(1) Any condition which is a breeding ground or a harbor for mosquitoes is hereby deemed and declared to be a public nuisance;
(2) Pools of stagnant water causing or threatening to cause infestation by mosquitoes and other disease-carrying insects which are or may be dangerous or prejudicial to the public health is hereby deemed and declared to be a public nuisance.
(F) General nuisance. Any other condition declared to be a detriment or danger to the public health, safety, morals, and general welfare of the inhabitants of the city and/or public nuisance by the City Council at a public hearing, notice of which has been properly served.
(Ord. 2001-25, passed 2-19-01; Am. Ord. 2005-64, passed 7-5-05; Am. Ord. 2007-35, passed 5-7-07; Am. Ord. 2016-25, passed 4-18-16)