It is hereby declared to be a public nuisance for any owner or other person in control of property or premises to keep or maintain property, premises, or rights-of-way in such a manner that any of the following conditions are found to exist:
(A) Abandoned, dismantled, wrecked, inoperable, and discarded objects, equipment or appliances such as, but not limited to, water heaters, refrigerators, furniture which is not designed for outdoor use, household fixtures, machinery, equipment, or cans or containers standing or stored on property or on sidewalks or streets.
(B) Discarded food, garbage, rubbish, refuse, trash, limbs.
(C) Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous).
(D) Lumber (excluding lumber for a construction project on the property with a valid permit), salvage materials, including but not limited to auto parts, scrap metals, tires, other materials stored on premises in excess of 72 hours and visible from a public street, walkway, alley or other public property.
(E) Incomplete projects. Any renovation or construction to structures or grounds must be completed through consistent, sustained effort and no such building or grounds under construction or renovation may be allowed to be uncompleted for an unreasonable length of time, given due consideration to the type of project.
(F) Swimming pool, pond, spa, other body of water, or excavation which is abandoned, unattended, unsanitary, empty, or which is not securely fenced, or (if not in use) does not have a secure and safe cover, which will not collect water and is effective and suitable.
(G) Any premises which detrimentally impacts the surrounding neighborhood because of dilapidation, deterioration or decay is unsafe for the purpose for which it is being used or is not secured or is improperly secured.
(H) Permits any structure/residence to become unfit and/or unsafe for human habitation or occupancy, or to permit the condition to exist in the structure which is dangerous or injurious to the health or safety of the occupants or the structure, the occupants of neighboring structures, or other residences of the city.
(I) Permits any weeds, or grass growth other than crops, trees or ornamental plants or shrubs, to grow to a height exceeding 12 inches. It shall be the duty of any owner, operator, agent or occupant, occupying or controlling property abutting a public street within the city, to maintain all grass to height of 12 inches, to remove all refuse, weeds, trash, waste and litter from the sidewalks, curbing, to the edge of the pavement of such streets as are adjacent to or abut such property. Owner of vacant property over one acre must keep grass to the 12-inch height in a buffer area 100 feet from each property line abutting any occupied lot or any roadway. Otherwise, owners of vacant property over one acre must bush-hog the property at least four times per year.
(J) Permits or causes the interface with any obstruction of a drainage ditch, device or system as to inhibit, alter, or prevent proper drainage patterns.
(K) Any tree, stack, or other object adjoining any city right-of-way, which is standing in such a condition that is likely to, if the condition is allowed to continue, endanger life, limb or property, or cause hurt, damage, or injury to persons or property by falling thereof or parts thereof.
(L) Having an uncovered or insecurely covered cellar, well, pit or any excavation or situated upon any premises in any open lot or plane that any reasonable or prudent man should realize should be injurious to human health.
(M) The failure to keep an animal’s pen, ear, lot or other enclosure in a sanitary condition and free from preventable offensive odors.
(N) The failure of an owner or occupant of business property in the city to comply with the following property maintenance standards, the Land Development Code, or comply with the terms and conditions of the approved development or landscape plan for a site, including, but not limited to the following:
(1) Usage of a property that is not compliance with the Land Development Code.
(2) Obstructing the required parking shown on a development plan.
(3) Failure to construct or maintain structures and facilities shown on a development or landscape plan.
(4) Obstructing, removing, or altering any drainage facilities shown on a development plan. Any storm water drainage facility located within the business premises, which includes deeded property lines of the business, must be kept clear of all debris, properly mowed, trimmed and properly functioning as designed.
(5) Failure to maintain landscape areas and to replace any landscape plants which have died or are removed.
(6) Obstructing, removing, or altering any pedestrian or vehicular access facilities shown on a development plan.
(7) Failure to maintain business signs or allowing signs not specifically permitted on the development plan to be present on the site. Business premises must be clear of all temporary, freestanding signs, posters and banners unless otherwise authorized from the city and granted proper sign permits. All permitted signs must be in proper working order with proper covering and shielding affixed.
(8) Outdoor storage of equipment or materials not allowed by the Land Development Code or the approved development plan.
(9) Parking lots, sidewalks, dumpster areas, approaches, concrete aprons are to be patched, repaired and free from loose gravel, loose dirt, debris, potholes, excessive cracking, weeds, grass, holes, litter or other foreign materials or items.
(10) No dumpsters and other portable storage containers located on the property are allowed except as allowed under the approved development plan or proper authorization from the by city through the issuance of a permit. Permanent dumpsters must be screened from view as required by the Land Development Code.
(11) Vehicles parked or stored outdoors on any lot must be parked in compliance with applicable provision of the Land Development Code. If any vehicle is found illegally parked on any lot in violation of any provisions of this section and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation.
(12) Any vehicle abandoned or illegally parked on any lot in the city shall be removed at the direction of the city to a tow lot designated by the city. The vehicle may be reclaimed by the owner at the owner's expense including all towing, storage charges and payment of all fines imposed by the city. All police officers, or city enforcement officers, are empowered to authorize the impoundment of a vehicle violating vehicle-related ordinances after a citation has been issued.
(Ord. 11-05, passed - -2011; Ord. 05-12-22-C, passed 6-9-2022)