(A) The conditions prohibited by this section are hereby found and declared to be public nuisances.
(B) A person commits an offense if he or she causes or allows one or more of the following conditions to exist upon real property:
(1) The accumulation or storage of garbage, unless the garbage is entirely contained in a closed receptacle;
(2) The accumulation or storage of rubbish, including refrigerators, stoves, furniture, tires, and cans, unless the rubbish is completely enclosed within a building or is not visible from a public place;
(3) The accumulation of stagnant water, or the existence of holes or other areas which can retain water and allow it to become stagnant or any other condition that creates an unsanitary condition likely to harbor mosquitos, rodents, vermin, or disease-carrying pests; and/or
(4) The growth of weeds, brush, grass, or other uncultivated plants, not including trees, to a height greater than 12 inches on real property or any portion thereof which is:
(a) Visible from a public place; and
(b) Is located within 100 feet of the property line of other premises upon which there is located a residence, public building, or commercial establishment.
(C) A person is presumed to have caused or allowed the existence upon real property of a condition prohibited by this section if:
(1) The person owns, occupies, or controls the real property; and
(2) The nuisance remains unabated after the tenth day after the date on which the person is notified to abate the nuisance from the Code Enforcement Officer.
(D) This section does not apply to a site or facility that is permitted and regulated by a state agency.
(Ord. 97-0715B, passed 7-15-1997) Penalty, see § 92.99