(A) Legislative findings. It is hereby found and determined that there exist with in the area subject to the town code of ordinances that, because of the existence of conditions herein determined to be unlawful, constitute a visual blight and detriment upon the surrounding neighborhood and create substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other premises in the neighborhood, or such conditions inhibit property values, deter tourism, interfere with public health and safety or otherwise discourage the comfort, happiness and emotional stability and general welfare of all citizens.
(B) Conditions unlawful. The existence of any of the following conditions on any lot or parcel of land within the town limits is hereby declared to be unlawful and a violation of the provisions of this section:
(1) All fences, retaining walls or similar landscape features that are not firmly anchored to the ground, maintained in a good structural condition and appearance or free of deterioration. Wooden or other fence features subject to deterioration or weathering shall be properly maintained to retard deterioration or provide protection from the weather. Deteriorated features shall be replaced or repaired, or if not otherwise required to be maintained by the town’s code of ordinances, shall be completely removed;
(2) Any of the following conditions in open places (for purposes of this section, OPEN PLACES are defined as areas of properties or portions thereof that are open to the exterior, including building openings of residential dwelling units, such as carports or porches, and any other exterior portions of properties ordinarily exposed to the outside and/or public view, including front, side and rear yards):
(a) Any litter consisting of human-made and used material which is scattered, cast thrown, blown, placed, swept or deposited anywhere on a persistent, continuous or ongoing basis so as to accumulate on any property in open places. The owner and occupant of any dwelling unit shall exercise reasonable diligence at all times to keep exterior premises clean of litter, including glass, bottles, waste paper, wrapping paper, paper napkins, cartons, package containers and other used waste materials intentionally or unintentionally scattered discarded, thrown or haphazardly left on such premises on a continuous, ongoing or persistent basis, and to prevent same from drifting or blowing to adjoining premises by removing such waste or ensuring that same is placed in approved refuse containers and/or locations for collection by the town as specified in Ch. 50 of this code of ordinances;
(b) Any concentration of unusable building material, including concrete, steel or masonry, which due to deterioration or age are no longer suitable for building construction, alteration or repair, and which are in open places;
(c) Any worn out, deteriorated or abandoned household or office furniture, appliances or other similar products of any kind which are kept in open places;
(d) Any products with jagged edges of metal or glass which are kept in open places; and
(e) Any junk, waste materials, unusable building materials, trash, garbage, oily rags, barrels, cans, papers, bricks or brickbats and other litter, refuse, rubbish or combustible materials which is scattered, cast, placed or deposited in a yard or yards, so as to constitute an accumulation or concentration in an open area.
(3) The presence, accumulation, storage or placement of:
(a) Junk, including, but not limited to, deteriorated, unusable or inoperative furniture, appliances, machinery, equipment, building materials, worn out and disused automobiles or parts, tires or any other human-made items which are either in whole, or in part, wrecked, junked, disused, worn out, dismantled or inoperative.
1. Storage of junk shall only be allowed on any properties used for non- residential purposes if in compliance with all other town codes or, if not addressed by a town code, completely enclosed within a building or otherwise evenly placed or neatly stacked and concealed by a solid fence, cover or other means, so as not to be visible at the property line from abutting properties or a public street.
2. Storage of junk shall only be allowed on property used for residential purposes if completely stored in an enclosed building or limited to 100 square feet in an area and completely concealed by a solid fence, cover or other means so as not to be visible at the property line from abutting properties or a public street, concentrated in one area within the rear yard and neatly arranged or stacked so as to not exceed six feet in height.
3. Whether stored on a residential or non-residential property such storage of junk shall be maintained in such a manner so as to prevent overgrown grass or weeds or an infestation of wild animals, reptiles or rodents.
(b) Usable building materials, unless:
1. Permitted as an authorized storage in the town’s code of ordinances;
2. Stored on any non-residential lot; or
3. If stored on any residential lot where construction has stopped or never commenced for a period of one year and there is not a current, valid outstanding building permit issued for construction on the residential lot, such storage is inside a completely enclosed building (if otherwise permitted on the lot or placed in the rear of the lot and stored in accordance with division (B)(3)(a)2. above).
(c) Construction fill materials, unless such materials are:
1. Stored in a level safe manner;
2. Placed in gently sloped mounds, for a period of time not to exceed 12 months; or
3. Approved by the Building Inspector/Code Enforcement Officer as a reasonable landscape feature evidenced by a comprehensive landscape plan showing such features for legitimate landscape purposes as part of a total development of the lot.
(d) Firewood, except when such storage is neither in excess of a total of 100 square feet, nor stacked to a height more than six feet above the ground.
(Ord. passed 10-18-2004) Penalty, see § 10.99