(A) Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY OFFICIAL. Any designee of the City Council and city officer, agent, or employee, acting in the course of official duties for purposes of the enforcement of this chapter.
PERSON. Any natural person, firm, partnership, association, legal entity, or corporation.
PERSON IN CHARGE OF PROPERTY or PERSON IN CHARGE OF THE SUBJECT PROPERTY. Any one or more than one occupant, lessee, contract purchaser, owner, or person having possession of, control of, occupancy at, or title to, the subject property.
WASTE. Matter or material that is:
(a) Hazardous to health and safety of the public;
(b) Organic materials that can decompose, giving rise to foul smelling products, or creating a health hazard, or which are capable of attracting or providing food for potential disease carriers such as birds, rodents, flies and other vectors; and
(c) Materials and matter accumulated on property so as to constitute a public nuisance recognized by common law.
(B) Exceptions.
(1) This chapter does not apply to materials or items that might otherwise constitute waste if such is kept and maintained in a business licensed as a junk yard or automobile wrecking yard which is operating in accordance with all applicable rules and regulations, including zoning laws, or to items or materials accumulated for recycle in a recycling business operating as such and in accordance with all applicable rules and regulations, including zoning laws. To be exempted by this paragraph, such items and materials must be enclosed by a secure fence that is no less than six feet tall and is so sight obscuring as to prevent a person from seeing into the enclosed area from other property or from a right of way or sidewalk, and such items and materials must be stored in a fashion that does not otherwise constitute a nuisance at common law.
(2) This chapter does not apply to the accumulation of firewood, nor does it apply to the accumulation of construction materials at the location of properly permitted construction work when the stored materials are exclusively for use at the site.
(Ord. 555, passed 11-9-2014)