(A) Accumulations prohibited; exceptions. No person shall accumulate junk or permit junk to be accumulated, or store or permit the storage thereof, on any portion of a lot or parcel of land within the city, except as otherwise provided in this chapter.
(B) Accumulations declared a public nuisance. The accumulation of junk contrary to this chapter is a public nuisance. Upon the direction of the City Council, the City Attorney shall bring an appropriate action to abate such public nuisance in a court of competent jurisdiction.
(C) Storage of junk permitted under certain conditions.
(1) As to any lot or parcel of land within the city improved with residence buildings or occupied by a bona fide residence, the person so occupying the same may store on the rear one-third of the lot or parcel of land on which the residence is situated, for a period of not to exceed 30 days, junk as defined in this chapter, if such junk, as junk, was not brought upon the premises and stored but was or is accumulated through wear and tear in the house-hold use of the family occupying such premises; provided, that such person may store materials of a noncombustible and non-putrescible character in a building upon the premises.
(2) It shall be lawful for the occupant of the residence upon any lot or parcel of land at all times to have and to store upon such premises such motor vehicles as are in daily use of such occupants or members of his immediate family, or as are usable, registered and currently licensed by the Motor Vehicle Department of the state, in the name of the occupant or the names of his immediate family residing upon the premises involved; and, in addition, to store and keep no more than one motor vehicle, one boat or other vehicle whether usable or not and coming within the definition of junk as set forth in this chapter; provided, that any unusable vehicle or boat must be stored in an area which is completely screened from the view of neighboring properties and streets and; provided, that any usable vehicle or boat is stored in accordance with the provisions of § 156.042.
(3) It shall be lawful for the occupants of residences at all times to accumulate and store for periods not to exceed 30 days junk which it is the intent of such occupant within such 30-day period to take or have taken to a public dump or other place where disposal lawfully may be made; provided, that it is stored upon the rear portion of the lot as defined in subdivision (1) of this division, and that any garbage accumulating from kitchen or household material such as food, cereals, bread, meat, soap or grease, shall be kept within plastic or metal containers fully covered so that flies or other vermin shall not have access to the contents of such containers.
(4) This section does not prohibit the accumulation of wood, used lumber, lumber scraps or materials fabricated out of wood for use as firewood or fuel; provided, that any such accumulation shall be neatly stacked and shall be maintained behind the front yard setback or, if on a corner lot, behind the front and side yard setbacks adjacent to a street of the lot or parcel of land, as defined in subdivision (1) of this division, that the components of such an accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length, and that such accumulation is accumulated and kept upon the premises for use by the actual occupant as fuel and is so used. The determination of whether or not the firewood is neatly stacked shall be made by the Chief Building Inspector or, on appeal, by the City Council.
(D) Enforcement.
(1) The Chief Building Inspector, either in person or through his agents, shall investigate all complaints of violation of this section and, in addition thereto, it is his duty, either in person or through his agent, to examine and investigate the various parts of the city to ascertain whether this section in any of its parts is being violated or observed. If, in the opinion of the Chief Building Inspector, after investigating complaints or making examinations and observations on his own account, any provision of this section is being violated, he shall notify, in writing, the persons who are violating this section at the address where the violation occurs, of such violation, with a warning that if such person does not desist from the violation and correct the conditions complained of within two days from the date such notice is served, such person will be prosecuted in a court of competent jurisdiction.
(2) In serving the notice of violation it shall be sufficient to deliver a written copy thereof to the person to be prosecuted; or such written notice may be sent to such person by United States mail, in which case such written notice shall be placed in an envelope addressed to the person at the address where the violation occurs, with postage prepaid, and deposited in the United States post office in the city. The delivery in the post office shall constitute service.
('81 Code, § 17.06.280) (Ord. 704, passed - -78; Ord. 725, passed - -79; Ord. 738, passed - -80) Penalty, see § 156.999