(A) The maintaining, using, placing, depositing, leaving, or permitting to be or remain on any public or private property of the following items, conditions, or actions is hereby declared to be and constitute a nuisance, provided, however, that this enumeration shall not be deemed or construed to be conclusive, limiting, or restrictive:
(1) Weeds, grass or other rank or useless vegetation not cultivated and maintained in a plant bed by the landowner and/or occupant which are deemed to be a nuisance by the Planning Commission, Planning Director, Building Inspector, or any law enforcement officer of the town and have attained a height exceeding eight inches, as measured from the ground, including but not limited to that portion of such real estate as is adjacent to or abutting upon any sidewalk, alley or street.
(2) Vegetation, trees, or woody growth on private property which, due to its proximity to any governmental property, right-of-way, or easements, interferes with the public safety or lawful use of the governmental property, right-of-way, or easement.
(3) A condition which causes property to become a health or safety hazard, unless specifically authorized under existing laws and regulations.
(4) Accumulation of rubbish, trash, refuse, junk, and other abandoned materials, metal, lumber, or other things.
(5) Any condition which provides harborage for rats, mice, snakes, and other vermin.
(6) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
(7) All necessary or unauthorized noises and annoying vibrations, including noises.
(8) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances, or other causes which give rise to the emission or generation of such odors and stenches.
(9) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(10) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, creamery, industrial wastes, or other substances.
(11) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed, or maintained.
(12) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
(13) Dense smoke, noxious fumes, gas, soot, or cinders.
(14) The unauthorized obstruction of any public street, road, or sidewalk.
(15) Any abandoned vehicle, including but not limited to automobiles, trucks, trailers, campers, boats, and recreational vehicles.
(16) Any machinery not connected with the operation of a household, and equipment, including but not limited to refrigerators with doors intact, in any open or unfenced area, or in any building or structure to which the public has access.
(B) Any structure not built or manufactured for permanent residence shall not be used as a dwelling.
(C) Trash and trash receptacles shall not be placed at curbside more than 24 hours prior to the scheduled time for pick-up. All receptacles shall be removed from curbside within 24 hours of pick-up time.
(D) It shall be unlawful for any property owner, or occupant, or other person to allow a nuisance as defined in this chapter to exist.
(E) It shall be unlawful for any property owner, or occupant, or other person to:
(1) Place a portable storage container (such as PODs) in any street or alley;
(2) Keep a portable storage container (such as PODs) on any public or private property for more than seven days; or
(3) Keep a dumpster or trash receptacle with a volume exceeding 100 gallons on public or private property. This division shall not apply to businesses and/or property owners, occupants, or other persons using such a dumpster in accordance with a valid building permit.
(Ord. 1996-05, passed 8-13-96; Am. Ord. 2004-10, passed 8-17-04; Am. Ord. 2004-13, passed 9-23-04; Am. Ord. 2004-24, passed 1-11-05) Penalty, see § 93.99