The following conditions shall constitute a nuisance to public health or safety and shall be prohibited within the town’s jurisdiction:
(A) Neglect of property. It shall be unlawful for any person to endanger the public health, safety or welfare through the neglect of property by causing or allowing the accumulation of appliances, building materials, construction and demolition material, business trash, garbage, hazardous waste, household trash, industrial waste, junk, litter, recyclables, rubbish, solid waste, trash, yard waste or potentially dangerous devices to be discarded, abandoned or remain on or emanate from any such property;
(B) Unauthorized accumulation of solid waste, trash, recyclables, garbage, junk, rubbish or building material.
(1) It shall be unlawful for any person to allow or cause the accumulation of solid waste, trash, recyclables, garbage, junk, rubbish or building material which produces offensive, noxious or foul odors or vapors or which provides refuge or sustenance for rats, mice, snakes or other vermin.
(2) It shall be unlawful for the owner and/or occupant of any property to cause or allow the accumulation of solid waste, trash, recyclables, garbage, junk, rubbish or building material causing or threatening to cause a fire hazard or causing or threatening to cause the accumulation of stagnant water.
(C) Unauthorized accumulation of litter. It shall be unlawful for any person to scatter, cast, throw, blow, place, sweep or deposit any litter in such a manner that it may be carried or deposited upon any street, sidewalk, alley, body of water, sewer, parkway, lot, public property or private property;
(D) Dilapidated condition on premises. It shall be unlawful for any person to have on his or her premises material that creates a littered condition, such as, but not limited to, lawn furniture, appliances, machinery, equipment, building materials, automotive parts, tires, fencing or any other items which are in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and which are not completely enclosed within a building or dwelling;
(E) Uncontrolled growth of weeds and grass. It shall be unlawful for the owner and/or occupant of a property to allow grass, weeds and other overgrowth vegetation to exceed a height greater than 12 inches above the surrounding ground provided that the following shall not be considered to be overgrowth vegetation: trees and ornamental shrubs; cultured plants; natural vegetation on undeveloped property that is not a threat to the character of surrounding properties; and flowers and growing and producing vegetable plants. It shall be the duty of the of the owner and/or occupant to cut and remove all grass, weeds and other overgrowth vegetation as often as necessary to comply with the provisions of this section;
(F) Unauthorized accumulation of hazardous or toxic materials and chemicals. It shall be unlawful to accumulate hazardous or toxic materials and chemicals in an open place;
(G) Obstruction of town or state rights-of-way. It shall be unlawful for the owner and/or occupant of any property to cause or allow any trees or shrubbery that shall interfere with or endanger the use of the public streets; interfere with or obstruct illumination of street lights; obscure sight distance or create a traffic hazard; interfere with the visibility of any traffic control device or sign; obstruct or impair the free passage of pedestrians on sidewalks or other town or state rights-of-way at a vertical clearance of less than seven feet; or endanger the life, health, safety or property of the public;
(H) Burned or partially burned buildings and structures. Any building or other structure which has been burned, partially burned or otherwise partially destroyed and which is unsightly or hazardous to the safety of any person, is a continuing fire hazard or which is structurally unsound to the extent that the Town Building Official can reasonably determine that there is a likelihood of personal or property injury to any person or property entering the premises;
(I) Storm or erosion damaged structures and resulting debris. The existence of any of the following conditions associated with storm or erosion damaged structures or their resultant debris shall constitute a public nuisance:
(1) Damaged structure in danger of collapsing; or
(2) Damaged structure or debris from damaged structures where it can reasonably be determined that there is a likelihood of personal or property injury.
(J) Conditions violating Health Department rules. Any condition detrimental to the public health, which violates the rules and regulations of the County Health Department; and
(K) Any other conditions constituting a nuisance. In addition to the conditions set out in this section, any other condition declared by the Town Board of Commissioners to pose a threat to the public’s health or safety, also shall constitute a nuisance and shall be prohibited within the town’s jurisdiction.
(Ord. passed 9-5-2006) Penalty, see § 10.99