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In addition to the fines and penalties provided by law and those set out for violations of this subchapter, this subchapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction, including mandatory or prohibitory injunction and order of abatement.
(1991 Code, § 11-67) (Ord. passed 8-19-1986)
JUNKYARDS
No junkyard shall be established, operated or maintained any portion of which is located 1,000 feet from the nearest edge of the right-of-way of any public street, road or highway, or residential zoned area, or any other zoned area that does not permit junkyards, except this prohibition shall not apply to:
(A) Those junkyards which are screened at all seasons of the year by natural objects, plantings, fences or other appropriate means so as not to be visible from the main-traveled way of the street, road, highway, residential area or other zoned area not allowing junkyards as a permitted use; and
(B) Those junkyards in areas zoned industrial in accordance with the town zoning ordinance, and screened in accordance with division (A) above.
(1991 Code, § 11-86) (Ord. passed 8-19-1986) Penalty, see § 10.99
Any person who establishes, operates or maintains a junkyard not excepted by § 91.055 and lying within 1,000 feet of the nearest edge of the right-of-way of any public street, road, highway, residential zoned area or any zoned area that does not permit junkyards shall be guilty of a misdemeanor, and each day that the junkyard remains in violation shall constitute a separate offense.
(1991 Code, § 11-87) (Ord. passed 8-19-1986) Penalty, see § 10.99
(A) If the Building Inspector shall find that the junkyard is dangerous or prejudicial to public safety because of any one or more of the reasons hereinafter set out, he or she shall notify the owner and person in occupancy of the junkyard of such finding and shall state in notice that the recipient has 30 days from the date of mailing or personal delivery of the notice to correct the condition found, failing which the town will cause the condition to be abated at the owners’ and occupants’ expense (and they shall be jointly and severally liable therefor), that the expense of this action shall be a lien upon the premises where the trouble existed and shall be collected in the manner for collection of unpaid taxes.
(B) A condition shall be dangerous or prejudicial to public health and safety if the Building Inspector finds that it:
(1) Is a breeding ground for mosquitoes, insects, rats, vermin or other pests;
(2) Is a place where pools or ponds of water collect;
(3) Consists of one or more areas where weeds or other noxious vegetation are allowed to grow above eight inches height;
(4) Has junk, wrecked cars, car parts, machinery or equipment not securely enclosed so as to prevent access by children;
(5) Contains areas or materials wherein rats, mice, vermin and other pests may seek shelter and make nests;
(6) Unreasonably distracts the operators of motor vehicles;
(7) Interferes with the view of motor vehicle drivers or traffic regulations or control; or
(8) Constitutes an attractive nuisance.
(C) Any person aggrieved by a finding of the Building Inspector may appeal therefrom to the Town Council by filing a written notice of the appeal with the Town Clerk within 20 days of the date of the mailing of personal delivery of the notice from the Building Inspector required by this division (C).
(1991 Code, § 11-88) (Ord. passed 8-19-1986) Penalty, see § 10.99
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