4-4-3: ADMINISTRATION AND ENFORCEMENT:

   A.   Enforcing Agency: The administration and enforcement of the provisions of this chapter shall be the duty of the code enforcement officers. (Ord. 4443, 11-6-2000)

   B.   Community Improvement Division: (Rep. by Ord. 4482, 5-29-2001)

   C.   Administrative Order: Whenever the code enforcement officer determines that a public health nuisance exists which requires immediate action to protect the public health, said official may issue an order citing the existence of the public health nuisance and require that action be taken as he deems necessary. The action required by said official shall depend upon, but not be limited to, the nature of the condition, the danger to the public health which the condition presents, the condition or deterioration of the premises or the time reasonably necessary to take the required action. If the owner or occupant does not comply with the order within the time frame specified in said order, said official may authorize the taking of the action specified in the order. Any costs incurred in abating the public health nuisance may be assessed to the owner of the property personally, to the property, or both. This remedy does not preclude the issuing of a citation or the applicability of section 4-4-14 of this chapter for a violation of this chapter. (Ord. 4443, 11-6-2000)

4-4-4: RESPONSIBILITY OF OWNERS AND AGENTS:

The owners, agents, tenants or lessees of all residential units and commercial establishments shall be jointly and severally responsible for compliance with this chapter.

   A.   Sidewalks, Alleys And Rights Of Way: All owners and occupants of property shall maintain their property in a clean and litter free manner, including sidewalks, grass strips, one-half (1/2) of alleys, curbs or rights of way up to the edge of the pavement of any public street.

   B.   Sweeping Into Sidewalks Or Streets: No person shall sweep into or deposit in any street or sidewalk the accumulation of litter from any building or property.

   C.   Vehicle Contents: No person shall cause or allow to exist within a licensed or unlicensed vehicle of any type an accumulation of litter, garbage or other refuse that constitutes a public health nuisance, except for that portion of a vehicle that is specifically designed for the temporary holding of such materials. (Ord. 5286, 6-1-2015)

4-4-5: RECEPTACLES AND CONTAINERS:

(Rep. by Ord. 4482, 5-29-2001)

4-4-6: STORAGE REGULATIONS:

   A.   General: All accumulations of refuse and trash shall be stored or placed for collection in accordance with the following provisions:

      1.   Public Streets And Private Property: No person shall place any refuse or trash in any street, median strip, alley or other public place of travel, nor upon any private property except as stated herein.

      2.   Blockage Of Storm Drains: No person shall place any refuse, trash, refuse receptacles or containers on any storm drain or so close thereto as to be drawn by the elements into same. (Ord. 2958, 3-17-1978)

      3.   Unauthorized Accumulations: Any unauthorized accumulation of garbage, refuse or yard waste on any lot, property, premises, public street, alley or other public or private place is hereby declared to be a public nuisance and is prohibited. Failure of the owner or occupant to remove and correct any such unauthorized accumulation of refuse shall be deemed a violation of this chapter. (Ord. 4034, 8-22-1994)

      4.   Junk: It shall be unlawful for any person to place or leave outside any building or dwelling any dilapidated furniture, appliance, machinery, equipment, building material or other item which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition, and which is not completely enclosed within a building or dwelling. Any such item or items which remain on the property of the occupant for a period of ten (10) days after notice of violation of this subsection shall be presumed to be abandoned and subject to being removed from the property by the city without further notice. This does not preclude the code enforcement officer from granting an extension to abate the violation after giving consideration to the totality of the circumstances, including, but not limited to, the weather, feasibility of abatement within ten (10) days of the notice, any past dealings with the violator and the type of items involved in the violation. This shall not apply to authorized junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment. (Ord. 4443, 11-6-2000)

      5.   Appliances: It shall be unlawful for any person to leave outside any building in a place accessible to children any appliance, refrigerator or other container of any kind which has an airtight snap lock or similar device, without first removing the lock or door from said appliance, refrigerator or container. This provision shall not apply to any appliance, refrigerator or container which has been placed on or adjacent to the rear of the building and is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.

   B.   Business Establishments: All business establishments shall store their refuse in containers as specified herein so as to eliminate wind driven debris and unsightly litter in and about their establishments. Approved methods of containerization include refuse receptacles, bulk containers and detachable containers. The number of containers necessary for each business establishment shall be as required to maintain clean, neat, sanitary premises as directed by the health department. (Ord. 2958, 3-27-1978)

4-4-7: JUNK MOTOR VEHICLES:

   A.   Definitions:

ACTIVELY RESTORED: A vehicle is being actively restored when the owner of the vehicle or premises on which the vehicle is located has, within the last sixty (60) days, spent at least ten (10) hours of labor in the repairing, rebuilding or reconstruction of the motor vehicle for the purpose of restoring it to running condition. The burden shall be on the owner to prove that it is being actively restored, and such proof may include receipts for the purchase of parts and supplies during the last sixty (60) days, which have been or are being installed in the vehicle.

CODE ENFORCEMENT OFFICER: The duly authorized person charged with enforcing the provisions of this chapter and this code, as designated by superintendent of waste management services.

ENCLOSED BUILDING: Any structure or portion thereof built for the enclosure of property containing a roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent property the contents thereof.

JUNK MOTOR VEHICLE: Any unlicensed motor vehicle stored within the corporate limits of the city, and/or which has any of the following characteristics:

      1.   The vehicle has become the habitat of rats, mice, snakes or any other vermin or insects.

      2.   The vehicle lacks an engine or one or more wheels or tires or other structural parts which render said motor vehicle totally inoperable or unable to move under its own power.

      3.   The vehicle, because of its defective or obsolete condition, in any other way constitutes a threat to the public health or safety.

SPECIAL INTEREST VEHICLE: Any vehicle, other than a utility trailer, commercial vehicle, or recreational vehicle, which has been designed for, or modified for, personal hobbies such as track racing, off road driving or other similar activities, and which cannot be licensed for highway use.

UNLICENSED VEHICLE: Any vehicle that is required to be licensed if it is operated on a public street or highway, but which is not displaying a valid and current license. For the purposes of this chapter, a valid current license shall not be required of a vehicle that is stored in a fully enclosed structure. Vehicles registered with the treasurer's office as being "in storage" shall not constitute a valid and current license and any such vehicle must be stored in a fully enclosed structure, except as provided for a vehicle being actively restored.

VEHICLE: Every device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof.

   B.   Nuisance Declared: Except as hereinafter provided, it is hereby declared that the unlawful storage of a junk motor vehicle upon either public or private property within the corporate limits of the city constitutes a threat to the health and safety of the citizens and is a nuisance. If any junk motor vehicle is unlawfully stored upon private property in violation hereof, the owner of said vehicle and the owner of the property shall be liable for said violation.

   C.   Notice Of Violation: Upon discovery of any junk motor vehicle stored upon private property within the corporate limits of the city, the code enforcement officer shall notify the owner of the junk motor vehicle, all lienholders, if they can be identified, and the owner of the property by one of the following methods: 1) by delivering a copy of the notice to the individual personally; or 2) by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old; or 3) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; or 4) by sending a copy thereof by certified mail, return receipt requested; or 5) by sending a copy thereof by first class mail to the last known address of the recipient and by posting a copy thereof in a conspicuous place at the subject property. If mailed, then notice shall be deemed given when mailed. If notice by certified mail is returned undelivered by the U.S. post office, action to abate the nuisance shall be continued to a date not less than ten (10) days from the date the notice is returned. This notice shall contain the following information:

      1.   That the junk motor vehicle constitutes a nuisance under the provisions of this section;

      2.   A description, to the extent possible, of the year, make, model, color and location of the vehicle;

      3.   That the owner of the junk motor vehicle and/or property owner must remove the junk motor vehicle or correct the violation in accordance with this section;

      4.   That failure to comply with the provisions of this section within ten (10) days from the date of mailing of notice, the owner of the junk motor vehicle and the property owner shall be liable for the violation;

      5.   That the junk motor vehicle will be removed by the city and impounded at the owner's expense;

      6.   That if the junk motor vehicle is not redeemed within thirty (30) days after notice and impoundment, and no hearing is requested pursuant to the provisions of subsection H of this section, the owner of the junk motor vehicle, the property owner and the lienholders shall be deemed to have abandoned the vehicle and shall no longer have any right, title, claim or interest in or to the junk motor vehicle; and

      7.   That the persons to whom the notices are directed may request a hearing pursuant to the provision of subsection H of this section.

   D.   Abatement: If the owner of the vehicle or the owner of the property upon which the junk motor vehicle is located fails to remove or repair the vehicle in accordance with the terms of the provisions of this section, the code enforcement officer shall abate such nuisance by causing the junk motor vehicle to be removed and impounded and, unless the vehicle is redeemed, sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the junk motor vehicle and/or the owner of the property.

   E.   Redemption Of Impounded Vehicle; Fees: Within thirty (30) days after the impoundment of any junk motor vehicle under this section, the owner thereof may appear and claim the same on proof of ownership and payment of an impoundment fee, and towing and storage charges, at which time the vehicle shall be released. If at the end of thirty (30) days, no owner claims the junk motor vehicle in the manner required by this subsection, the owner of the junk motor vehicle shall be deemed to have abandoned the vehicle and shall no longer have any right, title, claim or interest in or to the junk motor vehicle. During said period of impoundment, the impoundment facility upon which the junk motor vehicle is being stored shall be responsible for the vehicle.

   F.   Duty Of Owner To Remove Or Repair: The owner of a junk motor vehicle or property owner who violates the provisions of this section shall, within ten (10) days after receipt of the notice of violation, remove the junk motor vehicle to one of the areas provided in subsection G of this section, or repair the defects which caused such vehicle to violate the provisions of this section.

If a hearing is requested under subsection H of this section, the duty of the owner to remove or repair the junk vehicle shall be suspended pending the decision.

   G.   Exceptions: The terms and provisions of this section shall not apply to:

      1.   Any person or any agent thereof that is duly licensed by the city, as a salvage yard operator in full compliance with all of the ordinances of the city, and the laws of the state.

      2.   Any junk motor vehicle that is stored within an "enclosed building" as defined in this section.

      3.   Businesses or operators of businesses engaged in the towing, repairing or storing of junk motor vehicles, motor vehicles, construction or heavy industrial equipment or machinery, if the business is otherwise in full compliance with all ordinances of the city and the laws of the state.

      4.   Any junk vehicle that is either an antique (1972 model year or older) that is being actively restored or an operable special interest vehicle, or a special interest vehicle that is being actively restored, and in any case when stored in a rear or side yard and fully enclosed behind a solid fence at least six feet (6') in height that completely obscures a view of the vehicle from adjacent public or private property. None of the exceptions set forth in this subsection shall exempt a junk vehicle stored on a trailer, regardless of whether the trailer is licensed and operable, unless stored within an enclosed building.

   H.   Hearing:

      1.   Any person ordered to abate a nuisance or condition may request a hearing before a committee of the city council appointed by the mayor, or an official of the city designated by the committee of the city council, to determine whether a nuisance or prohibited condition exists.

      2.   A request for a hearing shall be made in writing and filed with the city clerk and the code enforcement officer within the ten (10) day limit, or:

         a.   The right to a hearing shall be considered waived, and

         b.   It will be conclusively presumed that the nuisance or prohibited condition exists and it must be abated as ordered.

      3.   The city clerk shall, within fifteen (15) days after the filing of the request for hearing, fix the time and place of hearing, which shall be within thirty (30) days of the filing of the request.

      4.   At the conclusion of the hearing, the committee of the city council, or its designee, shall render a written decision as to whether a nuisance exists. If a nuisance is found to exist, it shall be ordered abated within a reasonable time.

      5.   This decision shall be final.

   I.   Prima Facie Presumption: In any proceeding charging a violation of this section, proof that the particular vehicle described in the information was stored in violation of this section, together with proof that the defendant named in the information was the registered owner of the vehicle or the owner of the property on which said junk motor vehicle was unlawfully stored at the time of the alleged violation, shall constitute prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this section or allowing the violation to occur.

   J.   Penalty: Any person violating this section or any provisions thereof, or who fails to comply with any order of the code enforcement officer or who interferes with or obstructs the code enforcement officer in his investigation shall be guilty of a simple misdemeanor and upon conviction thereof may be fined as provided in the general penalty in section 1-3-1 of this code. Each day that a violation occurs constitutes a separate offense.

   K.   Municipal Infraction: Violation of the provisions of this section may also be considered a municipal infraction, as provided in section 1-3-2 of this code. (Ord. 5286, 6-1-2015)

4-4-8: PARKING LOTS:

   A.   Obligation To Furnish Receptacles: All parking lots and establishments with parking lots shall provide refuse receptacles distributed within the parking area. The health department shall have the authority to determine the number of receptacles necessary to provide proper containerization. It shall be the responsibility of the owner or the manager of the parking lot to collect the refuse and trash deposited in such containers so as to avoid spillage and overflow and store this material in an approved location as hereinabove defined.

   B.   Obligation To Use Receptacles: It shall be the obligation of all persons using parking areas to use such refuse receptacles or containers as hereinabove provided for the purposes intended; and it shall be unlawful for any person or persons to dump, scatter or throw upon any such parking lot any refuse, garbage or trash of any kind. (Ord. 4034, 8-22-1994)

4-4-9: CONSTRUCTION AND DEMOLITION SITES:

All construction and demolition contractors shall provide such on site refuse receptacles, bulk containers or detachable containers for loose debris, paper, building material waste, scrap building materials and other trash produced by those working on the site as the health department and the building inspection department shall determine necessary to provide proper containerization. Any construction or demolition site shall be kept in reasonably clean and litter free condition. Dirt, mud, construction materials or other debris deposited upon any public or private property as a result of construction or demolition shall be immediately removed by the contractor. In addition to any other remedy, the departments of health and building inspection are hereby empowered to issue a civil citation to a violator of this section, and in said citation shall assess a penalty of fifty dollars ($50.00). Each day during which such violation shall occur shall constitute a separate and distinct offense. (Ord. 4034, 8-22-1994)