Any person who regularly stores material or maintains property in a condition that constitutes a public nuisance herein for personal use or any business which, in the regular course of business, uses or sells in such business any material or condition or property that is defined as a public nuisance herein, shall be permitted to store or maintain such public nuisance under the following conditions.
(A) The material that constitutes a public nuisance or the condition of property that constitutes a public nuisance must be stored or maintained in a place or in a manner that it is not visible from any public right-of-way or any surrounding property.
(B) The material or condition must be stored in a manner that is consistent with all applicable state laws and all federal laws, fire codes, building codes, health department regulations, and environmental laws.
(C) Copies of all inspection reports and permits issued by the State Fire Marshal, IDEM, the County Board of Health, or the County Building Department, or other regulating administrative agency concerning the material or condition that constitutes the public nuisance, must be filed with the Town Manager.
(D) Any business selling any material that constitutes a public nuisance herein must keep an up-to-date inventory of such material. All material kept for sale must be stored in an orderly, organized fashion.
(E) All material that constitutes a public nuisance as defined herein and which is stored in a manner that exposes such material to the weather or the elements, must be stored in a manner that will prevent the accumulation of water either on or in the item or on the property.
(F) All material that constitutes a public nuisance as defined herein must be stored in a manner that will prevent it from falling or breaking or from creating a risk of injury to any person or damage to or trespass on any surrounding property.
(G) All material that constitutes a public nuisance as defined herein must be stored in a manner that will prevent it from emitting any noxious odor, smoke, dust, or other particle matter into the atmosphere or onto surrounding properties in sufficient quantity so as to substantially interfere with the public’s or the surrounding landowner’s quiet use and enjoyment of the property or to create a health risk or common law nuisance.
(H) All material that constitutes a public nuisance as defined herein must be stored in a manner that prevents sludge, bilge water, sewage, swill, wastewater or other polluted run-off caused by the material from entering onto the right-of-way or any other property in sufficient quantity so as to interfere with the public’s or the surrounding property owner’s quiet use and enjoyment of the property or to create a health risk or common law nuisance.
(I) All material must be kept clean of rodents, insects, vermin, or other stray or wild animals.
(Ord. 2015-4, passed 12-8-2015) Penalty, see § 92.99