For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABATE. To repair, replace, remove, destroy, correct or otherwise remedy a condition which constitutes a nuisance by such means, in such a manner and to such an extent as the authorized representative determines is necessary In the interest of the general health, safety and welfare of the community.
   ADMINISTRATIVE COST. Personnel costs, both direct and indirect, including attorneys’ fees and costs, costs incurred in documenting the violation, expenses and costs for the city in preparing notices, specifications and contracts and in accomplishing and/or contracting and inspecting the work.
   ACCUMULATED JUNK. Wrecked, scrapped, disassembled, unusable, inoperable or unrepairable construction equipment, appliances, vehicle tires, engines, transmissions, frames, axles, as well as parts and accessories of these objects; used building materials and all other non-vegetative debris collected or stored at a private residence or property or business establishment, or any non-vegetative debris blown or otherwise deposited onto property owned by third persons, by flood, storm or other natural event.
   ACTUAL COSTS. The city or private contract cost to abate the nuisance. The units of this cost are equipment, labor and material per hour. This amount is set each year in the City Council Fee Schedule.
   AUTHORIZED REPRESENTATIVE. The person or persons designated by the City Manager to perform the duties and responsibilities assigned by this chapter.
   DANGEROUS FENCES. The existence of any fence made of wood, vinyl or chain link located on public or private property which is sagging, leaning and falling; decayed or otherwise dilapidated or unsafe condition.
   DANGEROUS STRUCTURES. The existence of any structure, no larger than 144 square feet which is partially destroyed, damaged, abandoned, boarded up, dilapidated or in an unsafe condition.
   DEVELOPED PROPERTY. Residential or commercial property that is cleared and ready to be built upon, or property where buildings, homes or other structures may exist. Property contains less than 25% wooded area and can be easily cut.
   FIREWOOD. Parts of trees cut into logs suitable for use in fireplaces or for use in wood-burning heaters which are not rotten or decayed.
   INOPERABLE EQUIPMENT. Any piece of equipment not currently awaiting repairs that is not capable of functioning and/or operating for the purpose in which it was manufactured or intended.
   JUNK. It shall be unlawful for any person to place, abandon or leave outside any building or dwelling, or upon the property of any other person, or within an open porch, open carport or open lean-to, within public view, any accumulated junk or refuse, to include without limitation, solid waste, household trash, any dilapidated furniture, appliances, machinery, equipment, farm machinery, building materials, non-operational vehicle or other item that is either wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and not currently awaiting repairs, and that is not completely enclosed within a building or dwelling.
   MUNICIPAL SOLID WASTE. Garbage and trash, which may include glass jars, bottles, aluminum cans, steel cans, plastic soda bottles, newspapers and inserts, plastic milk and water jugs, spiral paper cans and other solid waste, including yard waste. Residential solid waste shall not include discarded building materials, trees, brush and other material resulting from the activities of building contractors or lawn services, larger quantities of sod, dirt and trash from land clearing or other material requiring special handling.
   NOXIOUS GROWTH. Uncontrolled growth of grasses or vines (such as kudzu, honeysuckle, ivy or similar vines), any growth of poisonous plants (poison ivy, poison oak or related vegetation).
   NUISANCE. Any activity or failure to act that adversely affects the public and shall include, but is not limited to, any condition which poses an immediate and direct hazard to human health if left unheeded due to the existence of the condition itself.
   OWNER. The holder of the title in fee simple and any person, persons, organizations or corporation that owns, in whole or part, the land structure, or other property or is the purchaser of the property under contract.
   REFUSE. Waste materials resulting from normal day to day cleaning and operation of a residence, commercial and business activity excluding industrial, garbage and construction waste. REFUSE may include yard trimmings, limbs, grass, weeds, small boxes, leaves, cold ashes, garden waste and other material in small quantities normally coming from occupied premises.
   RESPONSIBLE PERSON. The person(s) responsible for correcting or abating a nuisance pursuant to this chapter. The RESPONSIBLE PERSON includes the property owner and/or person who causes or permits a nuisance to occur or remain upon property in the city, and includes, but is not limited to, the owner(s), lesser(s), lessee(s) or other person(s) entitled to control and/or occupy property where a nuisance occurs.
   SOLID WASTE. Accumulations consisting of any combination of business trash, garbage, household trash, bulky items, yard waste, recyclables and scrap materials and shall be collected through curbside trash, rollout, recyclables, yard waste, bulky items or business trash collection activities.
   UNAUTHORIZED ACCUMULATIONS. Any accumulation of solid waste on any lot, property, premises, residence, establishment, public street, alley or other public or private place in violation of any provision of this chapter which is hereby declared to be a public nuisance and is prohibited. Failure of a responsible person to remove and correct any such accumulation of solid waste shall be deemed in violation of this chapter.
   UNDEVELOPED PROPERTY. Property that is not cleared and 75% of the property is wooded or has heavy vegetation. Owner will be required to control 25 feet from property lines adjoining developed property.
(Ord. 2010-13, passed 6-8-2010)