(a) Definitions. As used in this section:
(1) “Automobile parts” means and includes any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
(2) “Firewood” means and includes any deciduous and/or conifer woody plant materials cut, split or chopped, including but not limited to building materials and kindling that can be used for fuel and/or landscaping purposes.
(3) “Motor vehicle” is considered to be in an inoperative condition and/or considered junk should any of the following conditions exist: missing wheel/wheels; missing tire/tires; flat tire/tires; missing or broken window/windows or windshields; extensively damaged; defective or missing parts; is without a current and valid license.
(4) “Trailers” means every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including any such vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type, such as that commonly known as a trailer dolly, and a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public street or highway at a speed greater than 25 miles per hour.
(5) “Used building materials” means and includes any materials, such as wood, stone, brick, cement block or any composition thereof, used or useful in the erection of any building or structure, which have been used previously for such erection or construction by the same persons or by any other person.
(b) Storage of certain materials deemed a nuisance. No person shall, and it is declared a nuisance for any person to store, place or allow to remain used building materials, motor vehicles in an inoperative condition, motor vehicles without a current and valid license, motor vehicles unfit for further use, automobile parts, scrap metal, trailers without a current and valid license, and boats without a current and valid license on any lot, lots, parts of lots or parcel of land within the corporate limits of the City except for a duly licensed and properly zoned junk yard.
(c) Order for removal, violation penalty.
(1) In the event of a violation of division (b) of this section, the Safety Director and/or his or her designee shall give notice to cease such violation to the owner, occupant or person having charge of the premises upon which the violation occurs. Such notice shall be in writing and shall be served upon the owner, occupant or person having charge of the premises either personally or at the usual place of residence of such person or by certified mail return receipt requested, addressed to such person’s last known place of residence.
(2) If the person served with the notice as provided in division (c)(1) of this section fails to cause the violation to cease within five days of the date which the notice was served, he or she shall be guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which the violation occurs or continues beyond such five day period; provided, that no additional notice of violation is required to be given.
(d) Exception: building materials for own use. Notwithstanding the provisions of division (b) of this section, it is lawful for any person to purchase used building materials and place or store them on any lot, lots, parts of lots, or parcel of land, when such materials are to be used by the purchaser or owner 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 lot, lots, parts of lots or parcel of land for a period of more than 30 days, unless the construction or erection planned for the use of the materials has commenced; and provided further, that such materials are used or consumed in the construction or removed from the premises within a period of four months from the time the materials are first placed thereon. No person shall move any materials so stored or placed to another location within the City for the purpose of avoiding the provisions of this section, except that any such materials may be moved to another lot, lots, parts of lots or parcel of land when the same have been sold to a bonafide purchaser for value for such purchaser’s own use.
(e) Firewood to be stacked.
(1) On any parcel of land within the City, any material which can be used as firewood in a woodburning stove or a fireplace or to be used for landscaping purposes shall be stored behind the building setback line and stacked in an orderly manner.
(2) In the event of a violation of division (e)(1) of this section, the order for removal and violation penalty shall be the same as division (c)(1) and (2) of this section.
(f) Misdemeanor Classification. Whoever violates this section is guilty of a misdemeanor in the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. C42-74. Passed 7-1-74; Ord. C12-85. Passed 3-4-85; Ord. C6-90. Passed 2-5-90; Ord. C85-90. Passed 10-15-90; Ord. C26-93. Passed 3-15-93; Ord. C73-93. Passed 9-20-93; Ord. C92-99. Passed 12-6-99.)