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(A) It shall be unlawful for any person owning or having possession and control of real estate within the corporate limits of the city to permit the open storage of materials in a hazardous or unhealthful manner as set out in this subchapter.
(Prior Code, § 8.12.010)
(B) This subchapter shall apply to the open storage of materials which consist of materials not stored in a permanent enclosure, warehouse, garage or fenced area. A fenced area or enclosed area must be sufficiently restrictive so as to prevent the materials contained from being offensive or from presenting an unreasonable health or safety hazard to the community.
(Prior Code, § 8.12.020)
Penalty, see § 94.99
Types of materials:
(A) Wood materials such as lumber, firewood or paper products;
(B) Stone or masonry materials such as bricks, concrete blocks, sand or gravel;
(C) Glass materials such as bottles or plate glass;
(D) Metal materials such as scrap steel iron or used metal products; and
(E) Rubber materials such as used tires.
(Prior Code, § 8.12.020)
The following restrictions are set out pursuant to maintaining materials set forth in § 94.31 of this chapter.
(A) The open storage of materials shall not be offensive to persons of ordinary sensibility. The materials stored shall not present a substantial visual detraction to the community. The materials shall not produce obnoxious odors. Handling or processing the materials shall not produce excessive noise discomfort.
(B) Materials shall be stored in a manner reasonably calculated to minimize the danger of physical injury to the general public or passers-by.
(1) Materials must be placed a distance of at least ten feet from the surface of any street, alley, sidewalk or passage, thereby reducing the attraction to children, minimizing vehicle line-of-sight obstructions and allowing for the safe passage of pedestrians and motorists.
(2) Materials must be stacked in a mechanically-sound manner so as to prevent the materials from shifting or falling. The stack height shall be limited to two times the lesser of the width or length of the stack.
(C) Care in the placement and maintenance of stored materials shall be exercised to reduce potential fire hazards. Flammable materials in the nature of wood or rubber materials shall not be stored within ten feet of any dwelling house. Open storage of any highly flammable or combustible materials is not permitted.
(D) The open storage of the materials described in this subchapter shall not be permitted to become a health hazard. The materials stored or maintained shall not present an unreasonable attraction to rodents, birds or other pests. Decaying, insect-infested or otherwise unsanitary materials are not permitted to be stored or collected.
(Prior Code, § 8.12.030) Penalty, see § 94.99
Any person who shall violate the restrictions set forth in this subchapter will be given notice by the City Police Department. The person shall have ten days to correct the condition, beginning from the date of receiving official notice of a violation of this subchapter.
(Prior Code, § 8.12.040) Penalty, see § 94.99
(A) General penalty. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Weed control.
(1) In addition to the collection of costs assessed in § 94.04 of this chapter, any landowner or owners failing to remove vegetation under the provisions of §§ 94.01 through 94.04 of this chapter within the ten days allowed for removal after notification under the terms of §§ 94.01 through 94.04 of this chapter shall be assessed a penalty of $50 per count of violation defined in §§ 94.01 through 94.04 of this chapter.
(2) Each and every day, or portion thereof, that elapses after the ten days allowed to remove the vegetation under the procedures defined in §§ 94.01 through 94.04 of this chapter shall be deemed to constitute a single and individual count of violation and shall be assessed the penalty herein established for each violation so defined.
(Prior Code, § 8.24.040)
(C) Abandoned and junk vehicles.
(1) Any person who fails to comply with any order to remove an abandoned or junk vehicle issued under §§ 94.15 through 94.19 of this chapter shall be deemed to have committed an ordinance violation, and upon conviction, the owner of the abandoned or junk vehicle, the occupant of the real estate upon which that vehicle is located or the owner of that real estate shall be fined $50 for the first offense and $100 for each subsequent offense within one year, plus the court costs of the enforcement of §§ 94.15 through 94.19 of this chapter, including towing, storage fees and disposal costs.
(2) Each day that a violation occurs or continues after the expiration date of the order to remove such vehicle shall constitute a separate offense.
(D) Hazardous materials.
(1) If a person continues to violate the provisions of §§ 94.30 through 94.33 of this chapter after being given proper notice to abate as set forth in § 94.33 of this chapter, then such person shall be assessed a civil penalty as set forth in § 32.07 of this code, and each day such violation continues shall be deemed a separate offense.
(2) Any person, firm or corporation who shall continue to violate any of the provisions of §§ 94.30 through 94.33 of this chapter beyond the time limit provided for in the written notice of the violation shall be assessed a civil penalty as set forth in § 32.07 of this code for each violation. Each day in which any violation may continue shall be deemed a separate offense.
(Prior Code, § 8.12.050)
(Ord. 970, passed 8-15-1977; Ord. 2002-17, passed 11-4-2002; Ord. 2006-02, passed 6-5-2006; Ord. 2016-07, passed 8-1-2016)