§ 91.02 ENUMERATION.
   (A)   The existence of any of the following conditions on any lot or parcel of land in the town is hereby declared to be noxious, detrimental to health and to constitute a nuisance and to be a violation of the provisions of this chapter:
      (1)   (a)   Any growth of weeds or grass 12 inches or higher is a violation:
            1.   Lots under one acre adjacent to improved property or a street(s) shall be cut in its entirety;
            2.   Lots over one acre and adjacent to improved property or a street(s) shall be cut within 100 feet of the property or street; and
            3.   Any area containing an improved surface must be kept free and clear from all grass, weeds and other vegetation. For purposes of this division, IMPROVED means surfaced with concrete, asphalt, gravel or any other similar material.
         (b)   Every owner and/or occupant of any lot, on any street, shall keep the right-of-way, the planting strip, street curbs, storm drains, sidewalks, driveways, and the like, free and clear of any grass, weeds, vegetation, and other debris.
         (c)   This division (A)(1) shall not apply to those lands certified, dedicated or designated by the city or other appropriate governmental agency as vegetative buffer, floodplain, stream buffer, open space or other natural or environmentally sensitive area established to protect the public or protect and preserve natural greenways, floodways, streams or water quality.
      (2)   Any accumulation of animal or vegetable matter that is offensive by virtue of strong odors or vapors or by the inhabitance therein of rats, mice, snakes or vermin of any kind;
      (3)   Any concentration of rubbish, trash, junk, mattresses, boxes, old clothes, rags or any other combustible material or objects of like kind 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 mosquitoes, rats, mice, snakes or vermin of any kind;
      (4)   Any unused, abandoned or open water supply well which poses a potential hazard for water contamination or safety;
      (5)   Any accumulation of fallen trees, dead trees, sections of tree trunks or tree limbs on a parcel of land, provided this condition shall not apply to accumulations of less than two cubic yards or to natural accumulations on parcels of land or portions thereof that are predominately wooded;
      (6)   Any unsecured building, including but not limited to houses, apartments, nonresidential buildings and accessory buildings, which contribute to or are likely to contribute to blighted neighborhood conditions such as vagrancy, trash accumulation, alcohol or illegal drug use, trespassing, prostitution or other criminal activities;
      (7)   Any structure, the remains of a structure, or portion thereof that is in a damaged condition as the result of fire, wind, flood or other disaster that remains in an unrepaired state for a period of 30 days from the date of the disaster and that has one or more of the following conditions:
         (a)   Glass, metal or other sharp objects in an accessible area;
         (b)   Unstable structures or damaged trees which may fall or collapse;
         (c)   Holes, excavations, surviving foundations or walls that may collapse or create heights in excess of three feet in areas where they may be scaled;
         (d)   Any substance that is hazardous or harmful to humans or pets; and
         (e)   Any open or accessible utility line such as natural gas, water, sewer or electrical.
      (8)   Any accumulation of debris from the demolition of any structure, including but not limited to partially demolished walls, foundations, basements, building materials and other rubbish after the cessation of all active demolition activity on the property;
      (9)   Any swimming pool or its appurtenances which is dangerous or prejudicial to public health and safety, including but not limited to pools with stagnant water, debris, dead animals or structural deficiencies; or
      (10)   Any condition found by the Town Administrator or designee to be detrimental to the health of the town or any of its inhabitants, or which is violative of any of the rules and regulations of the Mayor and Council.
   (B)   It shall be the responsibility of the owner and/or occupant to cut and/or remove all grass, weeds or accumulation of other noxious matter listed herein as often as necessary to comply with the provision of this section.
(1995 Code, § 22-27) (Ord. 13, passed 2-8-2000; Ord. 16, passed 10-10-2000; Ord. 2007-03, passed 8- 14-2007; Ord. 2013-03, passed 4-9-2013)