(A) Responsibility of owners. It shall be the responsibility of all owners to maintain their property in a manner consistent with the standards and definitions provided in this chapter and to ensure that their property is properly maintained in such a manner to prevent it from being declared a nuisance. Passive maintenance of the right-of-way including mowing, trimming, erosion prevention and sowing of grass is the responsibility of the homeowner and/or lot owner by undertaking routine actions normally associated with yard or property upkeep. Also, it shall be the responsibility of each owner to notify the city of the proper mailing address of all owners of the property within 30 days of the time when any addresses change.
(B) Applicability. This section shall apply to all property in the city and to every owner of property in the city.
(C) Standards. It shall be unlawful to maintain any lot or other premises within the corporate limits of the city on which litter is allowed to accumulate, weeds or long grass is allowed to grow or any water is allowed to collect and be stagnant in which mosquitoes breed, or are likely to breed, and any such premises or lot on which such litter, weeds, long grass or stagnant water is allowed to remain is declared to be a nuisance and dangerous to the health of the people in the city.
(1) The following standards shall be applicable to all property within the city.
(a) Grass and weeds.
1. Improved property shall not have any grass, weeds, undergrowth or saplings which exceed eight inches in height.
2. Any agricultural property not in actual agricultural use shall not have any grass or weeds which exceed a height of 24 inches.
3. Any unimproved property shall not have any grass or weeds which exceed 12 inches in height.
(b) Junk.
1. There shall be no storage of junk on any property unless enclosed and secured within a building, structure or high solid fence so as not to be visible by the public.
2. Any accumulation of units of a particular piece of equipment or appliance shall be considered storage of junk and shall be required to be enclosed and secured within a building, structure or high solid fence so as not to be visible to the public.
3. The outdoor storage of junk shall not be permitted except as provided herein.
(2) The following actions are prohibited and considered unlawful within the city.
(a) It shall be unlawful for owners or responsible persons to allow litter or junk, as defined herein, to accumulate on any property in the city.
(b) It shall be unlawful for any person to scatter, cast, throw, place, sweep or deposit anywhere within the city any litter or junk, as defined in this section, in a manner that can be carried or deposited by the elements. For purposes of this section, LITTER shall include any handbills, flyers or advertisements placed anywhere within the city, without the consent of the property owner. Any material sent through the United States Postal Service is specifically excluded from this definition.
(c) It shall be unlawful for a responsible person to operate a vehicle transporting loose materials within the city without a cover suitable to prevent spillage. Logs and limbs which are not feasible to cover shall be strapped or otherwise secured.
(d) It shall be unlawful for any person using a loading or unloading area to fail to deposit loose debris, paper, packaging material and other trash in the proper containers. The areas shall be kept clean, neat and sanitary.
(e) It shall be unlawful for the owner of improved property or unimproved property to fail to cut grass, weeds and other overgrowth vegetation on property when the grass, weeds or other overgrown vegetation is of a greater height than eight inches on improved property and 12 inches on unimproved property. Excepted from the height limit shall be when forage is being grown on unimproved property as an agricultural commodity to be harvested during normal harvesting season.
(f) It shall be unlawful to permit property to serve as a breeding place for mosquitoes, as a refuge for rats, rodents or vermin, as a collecting place for trash and litter and/or material that would constitute a fire hazard.
(g) It shall be unlawful to dispose of litter or junk by burying it on any property located in the city.
(h) It shall be unlawful for any person to interfere with, harass or otherwise impede an authorized agent or officer of the city when the agent or officer is inspecting property, investigating possible violations, or otherwise enforcing this section, or when the agent or officer is attempting to do any of the foregoing.
(I) It shall be unlawful for the owner to permit a public nuisance, health hazard or source of filth to develop on property through the accumulation of rubbish or the excessive growth of weeds or grass.
(j) It shall be unlawful to discard, disperse or dispose of any litter, refuse or junk on private or public property. Open dumps, as defined by state law, are prohibited. It shall be lawful to dispose of rock, masonry or soil on any site for the purpose of filling the site, so long as doing so does not constitute a violation of any land use or storm water ordinance or other laws. Wood, wood products, roofing materials and building materials may not be used as fill material.
(k) It shall be unlawful for the owner to permit any live tree or overgrowth vegetation to grow in a manner which interferes with a public sidewalk located on or adjacent to his or her property or on a public right-of-way adjoining the property, or street traffic, or to grow so as to pose a threat to public safety or public rights-of-way due to obstruction of view, obstruction of passage or in any other manner. The minimum clearance of any overhanging portion thereof shall be seven feet over sidewalks and 12 feet over all streets, except truck routes which shall have a clearance of 14 feet.
(l) It shall be unlawful for the owner to permit any dead or deteriorating tree or overgrowth vegetation to interfere with a normal sidewalk located on his or her property or on a public right-of-way adjoining his or her property, or street traffic, so as to pose a threat to public safety or public rights-of-way due to obstruction of view, obstruction of passage, falling of all or any part thereof, or in any other manner.
(m) It shall be unlawful for the owner of any residential rental property to deposit building material at a designated residential collection site.
(n) It shall be unlawful for any owner or responsible person to violate the terms and conditions of § 93.02.
(o) It shall be unlawful for any owner or responsible person to fail to comply with his, her or its responsibilities as set forth in this section.
(D) Declaration of nuisance. Any property which fails to comply with the standards set forth in this chapter may be declared a nuisance and the owner of same shall be subject to the provisions and penalties set forth herein.
(Ord. 25-98, passed 12-29-1998; Am. Ord. 01- 2012, passed 2-21-2012) Penalty, see § 93.99