No person in charge of or in control of any premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any partially dismantled, wrecked, junked, discarded or otherwise nonoperating and unlicensed motor vehicle, machinery, farm implement, equipment and/or personal property of any kind, which is no longer safely usable for the purposes for which it was manufactured, to remain on such property longer than twenty eight (28) days, unless such vehicle, equipment or other property, is maintained in an enclosed building or so located within a fenced or screened enclosure of at least six feet (6') in height, in accordance with, and as defined by, the zoning ordinance and building codes of the city, such that the materials are not readily visible from any public place or from any surrounding private property. Allowing such materials to remain unenclosed or unscreened shall constitute a nuisance. This section shall not apply with regard to any vehicle, equipment or other personal property on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintenance of such vehicle, equipment or other damaged and abandoned personal property is necessary to the operation of such business enterprise and is not in violation of other provisions of law. (Ord. 428, 6-26-2002)
For the purposes of this chapter, the term "nuisance" is defined to mean any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of any of the following:
(A) Useless lumber, junk, trash or other debris.
(B) Abandoned, inoperable, discarded or unused objects or equipment such as automobiles, implements and/or equipment, machinery, appliances and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, furniture, stoves, refrigerators, freezers, cans or containers.
(C) Any compost pile or liquid/semiliquid waste which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin or other disease carrying pests, animals or insects; provided, that the presence of earthworms in a compost pile shall not constitute a nuisance, nor shall a properly maintained garden compost facility.
(D) Keeping unsanitary matter on premises. It shall be unlawful for any person to keep or permit another to keep upon any premises deleterious or septic material which causes adverse effects upon the occupancy or use of neighboring lands. Such materials must generally be retained in containers or vessels which deny access by humans, flies, insects, rodents and animals.
(E) All offensive and noxious weeds or plants, within the limits of the city, are hereby declared to be a public nuisance and shall be removed, cut and destroyed by the owner or agent of the ground or premises on which the same are located. It shall be the duty of the owner, agent or person having charge of any property within the city limits where offensive or noxious weeds or plants are growing to remove, cut and/or destroy the same. This shall include all rights of way abutting the property which they own, are an agent, or have charge of. (Ord. 428, 6-26-2002)
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