(a) Definitions. As used in this section:
“Used building materials” means and includes any materials, such as wood, stone, brick, cement block or any composition thereof, used or useful in the erection of any building or structure, which have been used previously for such erection or construction, by the same persons or by any other person.
(b) Storage of Certain Materials Deemed a Nuisance. No person shall, and it is declared a nuisance for any person to store, place or allow to remain used building materials on any lot, lots, parts of lots or parcel of land within the corporate limits of the City.
(c) Order for Removal, Violation Penalty.
(1) In the event of a violation of subsection (b) above, the Mayor shall give notice to cease such violation to the owner, occupant or person having charge of the premises upon which the violation occurs. 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 ususal place of residence of such person or by registered or certified mail addressed to such person’s last known place of residence.
(2) If the person served with the notice as provided in subparagraph (1) above fails to cause the violation to cease within ten days of the date which the notice was issued, he shall be guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which the violation occurs or continues beyond such ten-day period; provided, that, no additional notice of violation is required to be given.
(d) Exception: Building Materials for Own Use. Notwithstanding the provisions of subsection (b) above, it is lawful for any person to purchase used building materials and place or store them on any lot, lots, parts of lots, or parcel of land, when such materials are to be used by the purchaser or owner in later construction on the same lot or any lot owned or controlled by such person; provided, that, such materials shall not remain on such lot, lots, parts of lots or parcel of land for a period of more than thirty days, unless the construction or erection planned for the use of the materials has commenced; and provided, further, that such materials are used or consumed in the construction or removed from the premises within a period of four months from the time the materials are first placed thereon. No person shall move any materials so stored or placed to another location within the City for the purpose of avoiding the provisions of this section, except that any such materials may be moved to another lot, lots, parts of lots or parcel of land when the same have been sold to a bonafide purchaser for value for such purchaser’s own use.
(e) Misdemeanor Classification. Whoever violates 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.