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(a) Definitions. As used in this section:
(1) "Automobile part" means and includes any portion or part of a motor vehicle, as detached from the vehicle as a whole.
(2) "Refuse" means only such matter as is either in fact noxious or has been refused and abandoned by its owner as worthless.
(3) "Rubbish" means and includes wire, chips, shavings, bottles, broken glass, crockery, tin, cast or wooden ware, boxes, rags, dead weeds, stumps, tree trunks, brush, paper circulars, handbills, boots, shoes, ashes, garbage, offal or any waste material.
(4) "Scrap metal" means and includes pieces or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, whether covered with porcelain or any other material or whether intact or in parts, which has served its use fulness in its original and can no longer be used or useful for its originally intended purpose.
(5) "Used building material" means and includes any material, such as wood, stone, brick, cement block or any composition thereof, used or useful in the erection of a building or structure, which has been used previously for such erection or construction by the same person or by any other person.
(b) Storage of Certain Materials Declared a Nuisance. No person shall store, place or allow to remain used building materials, automobile parts, scrap metal, refuse or rubbish on any lot, part of a lot or parcel of land in the Municipality. A violation of this subsection is hereby declared to be a nuisance.
(c) Notices to Abate; Violations.
(1) In the event of a violation of subsection (b) hereof, the Manager shall give notice to the owner, occupant or person having charge of the premises upon which the violation occurs to cease such violation. Such notice shall be in writing and shall be served upon the owner, occupant or person having charge of the premises, either personally or at the usual place of residence of such owner, occupant or person having charge of such premises, or by registered or certified mail addressed to such person's last known place of residence.
(2) If the person served with such notice fails to cause such violation to cease within forty-eight hours of the date upon which the notice was issued, he or she shall be subject to the penalty provided in subsection (e) hereof. A separate offense shall be deemed committed each day during or on which the violation occurs or continues beyond such forty-eight hour period, and no additional notice of violation is required to be given.
(d) Building Materials. Notwithstanding the provisions of subsection (b) hereof, it shall not be unlawful for any person to purchase used building materials and place or store them on a lot, part of a lot or parcel of land, when such materials are to be used by the purchaser or owner in later construction on the same lot or on any lot owned or controlled by such person, provided that such materials shall not remain on such lot, part of a lot or parcel of land for more than thirty days, unless the construction planned for the use of such materials has commenced, and provided, further, that such materials are used or consumed in the construction or removed from the premises within four months from the time such materials are first placed on the lot, part of a lot or parcel of land. No person shall move any materials so stored or placed to another location within the Municipality for the purpose of avoiding the intent of this section, except that any such materials may be moved to another lot, part of a lot or parcel of land, when the same have been sold to a bona fide purchaser for value for such purchaser's own use.
(Ord. 637. Passed 5-5-77.)
(e) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Punishment shall be as provided in Section 698.02 .