TITLE 3
HEALTH, SANITATION AND ENVIRONMENT
CHAPTER 1
REFUSE AND JUNK ON PROPERTY
SECTION:
3-1-1: Nuisance Declared
3-1-2: Definitions
3-1-3: Refuse Accumulations
3-1-4: Abatement Of Nuisance
3-1-5: Notice To Owner
3-1-6: Abatement By City
3-1-7: Remedies Not Exclusive
3-1-8: Penalty
3-1-9: Hindering Authorized Person
3-1-1: NUISANCE DECLARED:
The accumulation and storage of waste, refuse, trash, garbage, rubbish or other debris or any such abandoned, discarded, unused or inoperable equipment, such as old furniture, stoves, refrigerators, freezers, bottles, cans, or other containers, or junked vehicles on private or public property is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration in community neighborhoods, to invite plundering, to create fire hazards, to constitute an unattractive nuisance creating a hazard to health and safety of minors, to create a harborage for rodents, animals and insects, and to be injurious to the health, safety and general welfare of the residents of the city; and is, therefore, declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 118, 3-14-1984)
3-1-2: DEFINITIONS:
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
GARBAGE: Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
JUNK: Those worn out and discarded materials that have outlived their usefulness, including, but not limited to, unused or inoperable equipment, such as old furniture, tires, stoves, refrigerators, freezers, and other appliances.
JUNK VEHICLES: An abandoned, wrecked, dismantled or inoperative vehicle or part thereof, shall be defined as an unsightly motor vehicle or a part or parts therefrom, and which meets the following qualifications: it does not carry a current valid state registration and license plates; it cannot be safely operated under its own power; it is not in a garage or other building; it does not have a reasonable amount of necessary equipment. The vehicle must meet all of the above qualifications before it can be classified as an abandoned, wrecked, dismantled or inoperative vehicle.
OWNER AND OCCUPANT: These terms may be used interchangeably and shall include every person in possession, charge or control of any residential or commercial property within the city where refuse is generated or accumulated.
PERSON: Shall include any person, firm, partnership, association, institution, company, corporation, or organization of any kind.
PREMISES: Land and all buildings and structures thereon.
REFUSE: All putrescible and nonputrescible solid waste including garbage, rubbish, junk, ashes, dead animals, discarded inoperable appliances, and junk vehicles.
RUBBISH: Nonputrescible solid waste consisting of both combustible and noncombustible waste, such as paper, cardboard, cans, wood (except fuel wood, which is neatly stacked), glass, bedding, cookery and similar materials. (Ord. 118, 3-14-1984; amd. Ord. 119, 10-10-1984; 2008 Code)
3-1-3: REFUSE ACCUMULATIONS:
   A.   Accumulations Prohibited: It shall be unlawful for any person to permit to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises owned or occupied by such person, any refuse so as to cause the yard, lot, premises or the street, alley or sidewalk adjacent thereto, to be or remain in such condition as to cause or create an offensive odor or atmosphere, be offensive as noticeably unsightly, or create insect or rodent harborage, or thereby, in any manner, be, become, or cause to create, a public nuisance or a menace to the health within the limits of the city.
   B.   Exception: This section shall not apply in the instance of any vegetable or animal matter being used for the express purpose of fertilizing and cultivating an active garden plot.
   C.   Depositing Or Burying Prohibited: No person shall deposit or bury any refuse in or upon a public alley, street, other public area, or upon the premises of another person.
   D.   Throwing, Sweeping Or Pushing Into Street Prohibited: No refuse of any kind shall be thrown, swept or pushed into the street in front of any premises.
   E.   Responsibility To Dispose: The owner or occupant of the premises shall be responsible for the disposal of all such refuse. (Ord. 118, 3-14-1984)
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