(A) Definition of nuisance. For the purposes of this section, the term NUISANCE is defined to mean any condition or use of premises, or of building exteriors or other structures, located upon any real property which is deleterious or injurious, noxious, or unsightly, which includes, but is not limited to, keeping, depositing on, scattering over, or allowing to remain on the premises any of the following:
(1) Lumber, junk, trash, rubbish, litter, or debris;
(2) Abandoned, discarded, unused, spent, useless, or worthless objects, materials, or equipment, such as, but not limited to: furniture, appliances, and machinery, or parts thereof, cans or containers, used tires, parts of vehicles, waste plant materials, trimmings, scrap building materials, waste food products, dead animals, unused or discarded bicycles, or other recreational vehicles, or parts thereof, scrap metal, waste paper products, accumulations of dirt, gravel, ashes, or fire remains, or any other waste materials; and
(3) Graffiti, which is visible from a public street.
(B) Duty of maintenance of private property. No person owning, leasing, occupying, or having charge of any premises shall maintain, or keep, any nuisance thereon, nor shall any such person keep, or maintain, such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises is located.
(C) Storage of personal property. Unsheltered storage of wrecked, inoperable, obsolete, abandoned, stripped, and/or junked vehicles, machinery, implements, equipment, or personal property of any kind which is no longer safely usable for the purpose for which it was manufactured, for a period of 30 days or more (except in licensed junkyards) within this municipality, is hereby declared to be a nuisance and dangerous to the public safety.
(1) Property may include, but is not limited to:
(a) A vehicle not currently registered or licensed in this state or another state;
(b) A vehicle that is, or has, any of the following conditions: flat tires; no tires; dismantled, broken, or missing windows, steering wheel, tail pipe, doors, fenders, bumper, hood, top, or trunk; does not run; or is in a condition that would result in the vehicle’s failure to pass state safety inspection pursuant to the Motor Vehicle Act, UCA §§ 41-1a-101 et seq.; except that boats, RVs, camping, or other trailers, and off-road vehicles are exempt from the current registration requirement of this section;
(c) A vehicle that is, or has been, made inoperable due to a collision or other event; and
(d) A vehicle in a state of being, or having been, wrecked or dismantled (wholly or partially).
(2) Vehicles that are the subject of an in-progress restoration project need to be kept in a building such as a storage shed or garage.
(3) This section shall not apply to antique farm machinery or other similar items when said items are used for decorative or landscaping purposes. The items must be placed in an orderly manner and must be maintained free from weeds, trash, and other unsightly items.
(D) Abatement of nuisance by owners. The owner, owners, tenants, lessees, or occupants of any lot within this city on which such storage, as defined in division (C) above, is made, and also the owner, owners, or lessees of the above-described personal property involved in such storage shall jointly and severally abate such nuisance by its prompt removal into completely-enclosed and secured buildings to be used for such purposes, or otherwise to remove such property from the city.
(Prior Code, § 8.06.030) (Ord. 11-2016, passed 6-15-2016) Penalty, see § 90.99