(A) In addition to what is declared in this subchapter to be a nuisance, those offenses which are known to the common law and the statutes of the state as public nuisances may, in case any thereof exist within the town limits, be treated as that and be proceeded against as if provided in this subchapter or in accordance with any other provision of law.
(B) Wherever the word NUISANCE is used in this subchapter, it refers to a public nuisance.
(C) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(D) The following conditions within the town are declared to be nuisances.
ACCUMULATION OF RUBBISH. An accumulation on any premises of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents or insects or its blowing into any street, sidewalk or property of another. It shall be the duty of persons owning or being in charge of those business establishments whose patrons purchase goods or services from their automobiles, commonly known as “drive-ins”, to furnish sufficient receptacles for the deposit of wastes created in the operating of that business, and to clean up wastes as are not deposited in receptacles at the close of business each day (or if the business operates continuously, at least once each day), and at other times when weather conditions are so that waste from the operation of the business is being blown to adjoining premises.
BUILDINGS. Any building if any of the following conditions occur:
(a) The building has been damaged by fire or other casualty to an extent that following the fire or other casualty, it ceased to be occupied and the building has remained unoccupied for a period of two years from the date of the fire or other casualty;
(b) The building has been unoccupied for a period of three years;
(c) No building or premises shall be considered a nuisance if the owner has obtained the necessary permits for the repair of any existing structure which has been unoccupied because of damage, for the demolition of any existing building and its replacement with a new building or for the construction of a building on any vacant premises; and/or
(d) Any building having been observed as being in a state of disrepair for more than one year, the disrepair to include peeling paint or unpainted wood or block surfaces, broken window glass, unmowed yards or any other condition which would be unsightly and offend the normal sensibilities of neighbors or residents.
DANGEROUS TREES OR STACKS. Any tree, stack or other object adjoining a street or standing on premises in a condition that shall, if allowed to continue, endanger the life, limb or property or cause hurt, damage or injury to persons or property adjacent thereto.
JUNK, SCRAP METAL and MOTOR VEHICLES. The storage within public view of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts or scrap metal within the town limits. This includes the following.
(a) AUTOMOBILE PARTS. Any portion or parts of any motor-driven vehicle as detached from the vehicle as a whole.
(b) MOTOR VEHICLES IN AN INOPERATIVE CONDITION. Any style or type or motor-driven vehicle used or useful for the conveyance of persons or property which is unable to move under its own power due to defective or missing parts, and which has remained in a like condition for a period of not less than ten consecutive days.
(c) MOTOR VEHICLES UNFIT FOR FURTHER USE. Any style or type of motor- driven vehicle used for the conveyance of persons or property which is in a dangerous condition, has defective or missing parts or is in a condition generally as to be unfit for further use as a conveyance.
(d) SCRAP METAL. Pieces or parts of steel, iron, tin, zinc, copper, aluminum or any allow thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its original intended purposes.
NOXIOUS ODORS OR SMOKE. Odors, smoke, dust or other matters emitted from premises into the surrounding atmosphere and which render ordinary use or physical occupation of other property in the vicinity by interference with the ordinary comforts of human existence.
NOXIOUS NOISE. Sound emitted from premises which destroys the enjoyment of dwelling houses or the uses of property in the vicinity by interference with the ordinary comforts of human existence.
OPEN WELLS. The maintenance of any open, uncovered or insecurely covered cistern, collar, well, pit, excavation or vault situated on private premises in any open or unfenced lot or place.
TREES AND SHRUBBERY OBSTRUCTING STREETS AND SIDEWALKS. The growing or maintenance of trees with less than 14 feet clearance over streets, or less than eight feet over sidewalks or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street.
UNSAFE STORAGE. The storage of explosives or combustible material which will create a safety hazard to other property or persons in the vicinity.
(Prior Code, § 92.01) (Ord. 5-1997, passed 11-11-1997)