§ 93.35 CONDITIONS OR USES DECLARED NUISANCES.
   It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in this town to maintain such premises in such manner that any of the following conditions are found to exist thereon:
   (A)   Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties;
   (B)   Buildings which are abandoned, partially destroyed or permitted to remain unreasonably in a state of partial construction;
   (C)   The failure to close by such means as shall be acceptable to the Building Inspector, of all doorways, windows and other openings into vacant structures;
   (D)   Unpainted buildings causing dry rot, warping and lack of weather protection;
   (E)   Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief; or constituting a harbor for vagrants, criminal or immoral persons, or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
   (F)   Overgrown vegetation likely to harbor rats, vermin and other nuisances; or causing detriment to neighboring properties or property values;
   (G)   Dead, decayed, diseased or hazardous trees, weeds and other vegetation:
      (1)   Constituting unsightly appearance;
      (2)   Dangerous to public safety and welfare; or
      (3)   Detrimental to nearby property or property values.
   (H)   The accumulation and storage, for unreasonable periods of time or abandoned, wrecked, dismantled or inoperative trailers, campers, boats and other mobile equipment, in front yard areas and in side yard areas abutting streets;
   (I)   Attractive nuisances dangerous to children in the form of:
      (1)   Abandoned and broken equipment;
      (2)   Unprotected and/or hazardous pools, ponds and excavations; and
      (3)   Neglected machinery.
   (J)   Broken or discarded furniture and household equipment on the premises for unreasonable periods and visible from the street and causing damage or detriment to neighboring properties;
   (K)   Trash or garbage containers stored in front yard or side yards and visible from public streets;
   (L)   Packing boxes, lumber, trash, dirt and other debris either inside or outside buildings and visible from public streets for unreasonable periods, and causing detriment to neighboring properties;
   (M)   The accumulation of dirt, litter or debris in vestibules, doorways or the adjoining sidewalks of commercial or industrial buildings;
   (N)   Neglect of premises to spite a neighbor or to cause detrimental effect on nearby property or property values;
   (O)   Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance;
   (P)   Property maintained in such condition as to become so defective, unsightly or in such condition or deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;
   (Q)   Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties;
   (R)   Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such extent that the capacity to pay taxes is reduced and tax receipts from the particular area are inadequate for the cost of public services rendered there; and
   (S)   The accumulation, keeping or storage in any area visible from a public street, public alley, public sidewalk, or public right-of-way, or an adjacent property of any of the following for an unreasonable period of time:
      (1)   Junk, trash, debris, including, but not limited to, rubbish, refuse, waste material, garbage, paper, glass, cans, bottles, cartons, wood, rubber, plastics, yard trimmings, leaves, trash, scrap metal, dilapidated furniture, appliances, machinery or equipment which may be rusted, wrecked, junked, dismantled, or inoperable, construction debris, dismantled or inoperable;
      (2)   Any furniture not originally designed, manufactured, and intended for outdoor use or exposure to rain and other inclement weather; or
      (3)   Any household fixtures, household goods, appliances, materials, machinery, or equipment, not originally designed, manufactured, and intended for outdoor use or exposure to rain and other inclement weather, regardless of whether or not suitable for use or sale.
   For purposes of this section, there is a presumption that any time period in excess of 72 hours is unreasonable.
(Ord. 2001-668, passed 7-17-2001; Ord. 2013-3, passed 3-25-2013)