(A) No person, firm or corporation shall keep, store, place or allow to remain any used building materials, unlicensed motor vehicles, motor vehicles in an inoperative condition, motor vehicle parts, scrap metal, refuse or rubbish on any lot, lots or parts of lots, or parcels of land within the corporate limits of the city.
(B) The provisions of division (A) above shall not apply to an unlicensed motor vehicle, a motor vehicle in an inoperative condition, a motor vehicle unfit for further use, an automobile and/or automobile parts which are kept within an enclosed building.
(C) In the event of a violation of this section, the City Manager shall cause notice to be given to the owner of the lots and lands, occupant or person having charge of the premises upon which the violation occurs, to cease such violation within ten days of such notice.
(D) In the event that the owner, occupant or person having charge of said premises, fails to cause such violation to cease within ten days of said notice, said person shall be deemed guilty of violation of this section and shall be subject to the penalty provided herein. Each separate day in which the offense continues shall be deemed a separate offense.
(E) (1) Notwithstanding the provisions of this section, no person or persons shall purchase used building materials and place or store them on any lot, lots, parts of lots or parcels of lots, unless such materials are to be used by the purchaser or owner in construction on the same lot owned or controlled by such persons. Such materials shall not remain on said lot or part of lot for a period of more than 30 days unless the construction or operation plan for the use of said materials are used or commenced; and provided further that such materials are used or consumed in the construction or removed from the premises within 120 days from the time said materials were first placed on the lot, lots or parts of lots. No person or persons shall move any such used building materials so stored and placed to another location within the city for the purpose of avoiding the intent of this section unless such materials are used within ten days at the lot or lots to which they removed for the construction of a building or buildings for which a permit has been properly issued by the City Manager.
(2) In the event that such building materials are permitted to remain on the premises beyond the period set forth in the section immediately preceding, the City Manager or his or her designee shall cause notice to be given as aforesaid in division (C) above.
(F) Whosoever violates this section is guilty of a minor misdemeanor, and if the offender has been convicted of a second violation of this section within any one year, the offender shall be guilty of a misdemeanor of the fourth degree.
(G) The notice provided for hereinabove shall be a notice, in writing, signed by the City Manager or his or her designee, and shall be served upon the person in violation of this act. If at the conclusion of ten days compliance has not been met with the provisions hereof, a citation shall issue citing the person alleged in violation to appear in the Mayor’s court.
(Prior Code, § 9.14.06) Penalty, see § 91.99