(a) Definitions. As used in this section:
(1) "Automobile part" means any portion or part of any motor-driven vehicle as detached from the vehicle as a whole.
(2) "Motor vehicle in an inoperable condition" means any kind of motor-driven vehicle used or useful for the conveyance of persons or property, which is unable to move under its own power due to defective or missing parts and which has remained in such condition for a period of not less than ten consecutive days.
(3) "Motor vehicle unfit for further use" means any kind of motor-driven vehicle used for the conveyance of persons or property, which is in a dangerous condition, has defective or missing parts or is in such a condition generally as to be unfit for further use as a conveyance.
(4) "Refuse" means only such matter as was either in fact noxious or has been refused and abandoned by its owner as worthless.
(5) "Rubbish" means wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, paper circulars, handbills, boots, shoes, ashes or any waste material other than garbage or offal.
(6) "Scrap metal" means pieces or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used or useful for its originally intended purpose.
(7) "Used building materials" means any materials, such as wood, stone, brick, cement block, asphalt, concrete or any composition thereof, used or useful in the erection of any building, structure or improvement, which have been used previously for such erection or construction, by the same person or by any other person.
(b) Storage of certain materials declared a nuisance. It is hereby declared to be a nuisance for any person to store or place used building materials, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobile parts, scrap metal, refuse or rubbish on any lot, part of a lot or parcel of land, or upon the street or highway right of way adjacent to any lot, part of a lot or parcel of land, or to allow any of such materials or items to remain thereon.
(c) Order for removal; violations.
(1) In the event of a violation of subsection (b) hereof, the Director of Public Safety shall give notice to the owner, occupant or person having charge of the premises upon which the violation occurs to cease such violation. 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 owner, occupant or person having charge of such premises or by registered or certified mail addressed to such person's last known place of residence.
(2) No person served with notice, as provided in paragraph (c)(1) hereof, shall fail to cause such violation to cease within ten days of the date upon which the notice was issued.
(3) If the person served with notice, as provided in paragraph (c)(1) hereof, fails to cause such violation to cease within ten days of the date upon which the notice was issued, then, in addition to the penalty provided in subsection (e) hereof, the City may enter upon the lot or parcel of land and remove and dispose of the refuse, rubbish, used building materials, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobile parts and/or scrap metal, and the owner, occupant or person having charge of the premises shall be required to pay for the cost of such removal and disposal. The cost of the removal and disposal shall be the amount of the actual cost to the City, including a reasonable charge for the use of equipment and personnel, and all fees and other costs associated with the proper disposal of the materials in accordance with state, Federal and City laws.
(d) Exceptions.
(1) Notwithstanding subsection (b) hereof, it is not unlawful for a person to purchase used building materials and place or store them on any lot, part of a lot 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 do not remain on such lot, part of a lot or parcel of land for 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 one year from the time such materials are first placed on the lot, part of a lot or parcel of land. No person shall move any materials so stored or placed to another location within the city for the purpose of avoiding the intent of this section, except that materials may be moved to another lot, part of a lot or parcel of land when they have been sold to a bona fide purchaser for value for such purchaser's own use.
(2) Notwithstanding subsection (b) hereof, it shall not be unlawful for any person to store or place used building materials, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobile parts or scrap metal on a parcel of land if they are enclosed within a building or structure and are in compliance with all state laws and city ordinances, including the Zoning Code, nor shall it be unlawful to allow any of such materials or items to remain on such a parcel so long as they are so enclosed and in compliance with law, as aforesaid.
(3) Notwithstanding subsection (b) hereof, it shall not be unlawful for any person to store or place used building materials, motor vehicles in an inoperable condition, motor vehicles unfit for further use, automobile parts, scrap metal or rubbish on a parcel of land if the person has a valid license to operate a junk yard or motor vehicle salvage facility and is in compliance with all state laws and city ordinances, including the Zoning Code, nor shall it be unlawful to allow any of such materials or items to remain on such a parcel so long as such parcel is so licensed and in compliance with law, as aforesaid.
(e) Penalty. Whoever violates subsection (c) hereof is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues beyond the ten-day period, and no additional notice of violation is required to be given.
(Ord. 83-O-51, passed 8-22-1983)