§ 5-5.8 DECLARATION OF PUBLIC NUISANCE.
   The following enumerated and described conditions, or any combination thereof, are hereby found, deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the town and the ETJ and are hereby found, deemed and declared to be public nuisances wherever the conditions may exist and the creation, maintenance or failure to abate any nuisances is hereby declared unlawful:
   (A)   Any weeds or other vegetation having an overall height of more than ten inches above the surrounding ground provided that the following shall not be considered to be a part of this condition: trees and ornamental shrubs; cultured plants; natural vegetation on undeveloped property that is not a threat to the character of surrounding properties; and flowers and growing and producing vegetable plants. The Town Manager or his or her designee shall determine these qualifications;
   (B)   Any accumulation of trash and/or garbage which is the result of the absence or of overflowing or improperly closed trash or garbage containers;
   (C)   Accumulation in an open place of hazardous waste or toxic materials and chemicals;
   (D)   An open place of concentration of combustible items such as mattresses, boxes, paper, automobile tires and tubes, garbage, trash, refuse, brush, old clothes, rags or any other combustible materials or objects of like nature;
   (E)   Any accumulation of garbage, rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes, mosquitoes or vermin prejudicial to the public health;
   (F)   Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitancy therein of rats, mice, snakes or vermin of any kind which is or may be dangerous or prejudicial to the public health;
   (G)   The open storage of any discarded ice box, refrigerator, stove, washer, dryer, other “white goods”, glass, building materials, building rubbish or similar items;
   (H)   Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the Town Manager or his or her designee can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises;
   (I)   Any condition which blocks, hinders or obstructs in any way the natural flow of branches, streams, creeks, surface waters, ditches or drains, to the extent that the premises is not free from standing water;
   (J)   Nuisance vehicle; a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance and unlawful, including a vehicle found to be:
      (1)   A breeding ground or harbor for mosquitoes, other insects, rats or other pests;
      (2)   A point of heavy growth of weeds or other noxious vegetation which exceeds eight inches in height;
      (3)   In a condition allowing the collection of pools or ponds of water;
      (4)   A concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;
      (5)   An area of confinement which cannot be operated from the inside, such as, but not limited to, trunks or hoods;
      (6)   So situated or located that there is a danger of it falling or turning over;
      (7)   A collection of garbage, food waste, animal waste or any other rotten or putrescent matter of any kind; or
      (8)   One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass.
   (K)   Neglect of property. It shall be unlawful for any person to endanger the public health, safety and welfare through the neglect of property by causing or allowing the accumulation of solid waste or unsightly litter, waste products causing the existence of foul odors, dead animals, unsecured appliances, building material, hazardous waste or potentially dangerous devices to be discarded, abandoned or remain on or emanate from any property, or to cause or allow the accumulation of solid waste or unsightly litter, waste products causing the existence of foul odors, dead animals, unsecured appliances, building material, construction and demolition material, hazardous waste or potentially dangerous devices to be discarded, abandoned or remain on or emanate from public property or other private property, vacant lots, ponds, streams or bodies of water or banks thereof;
   (L)   Dilapidated condition on premises. It shall be unlawful for any person to have on his or her premises material that creates a littered condition, such as, but not limited to, lawn furniture, appliances, machinery, equipment, building materials, automotive parts, tires, fencing or any other items which are in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and which are not completely enclosed within a building or dwelling;
   (M)   Storage or use of upholstered furniture outdoors. It shall be unlawful for any person to keep, store or use any upholstered furniture in any outdoor location on any property unless it is totally enclosed in a weather-tight building; and
   (N)   Any condition detrimental to the public health which violates the rules and regulations of the County Health Department.
(1989 Code, § 9-7; 2003 Code, § 5-5.8) (Amended 3-6-2001; Amended 6-1-2010; Amended 4-11-2018; Amended 11-2-2021)