For the purpose of this subchapter, the following list includes, but is not limited to, conditions which may constitute a nuisance:
(A) Litter;
(B) Accumulations of weeds, rubbish, trash, refuse, junk, or other abandoned materials, metals, and lumber;
(C) Fallen trees, stumps, dead trees, cut brush, or fallen or cut limbs, except stacked firewood;
(D) Boxes, appliances, household items, and tires;
(E) Demolition remains;
(F) Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the town, unless the dirt will be utilized in the future on the property in question;
(G) Automobile parts, unlicensed and/or inoperable vehicles, disassembled automobiles, automobiles without engines, plumbing and piping materials, and parts, scrap metal, unseaworthy or dilapidated boats, dilapidated, deteriorated, or non-operable jet skis, snowmobiles, bicycles, trailers, or mopeds;
(H) Structures defaced with paint, graffiti, or wording;
(I) Any waste water, filth, offal, garbage, rubbish, animal waste, human excrement, which is deposited, allowed, or caused to be upon any public or private property;
(J) Any water or any other substance which is caused or permitted to flow onto or be deposited upon any private or public way, except natural surface water drainage;
(K) Any dead animal or animal parts;
(L) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect and pool upon any public property;
(M) Any real or personal property which is infected with contagious disease or is likely to cause an immediate health hazard;
(N) The placing or accumulating on or within any real or personal property, or the permitting of the same, or any matter which attracts rodents, insects, or domestic or wild animals in such manner as to create a health hazard, or an unsanitary or dangerous condition;
(O) Any real or personal property, used as a place, or residence or habitation, or for sleeping, that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, electricity, plumbing, ventilation, or garbage and trash removal;
(P) The storage of any explosive, combustible, or other material which creates a safety or health hazard;
(Q) Trees, shrubbery, weeds, or other matter obstructing public ways, or causing visual barriers which create vehicular traffic or pedestrian safety hazards;
(R) (1) Trash or garbage containers left upon the sidewalk, the area between a street and a sidewalk, or the front or side yard, or any public place, except as permitted by ordinance for trash and garbage collection purposes on regular collection days. Provided that, in those cases where it is demonstrated to the satisfaction of the enforcement authority that there is no physical possibility of locating trash containers at a site other than in one of the locations prohibited under this division (R), the enforcement authority is authorized to issue written variances from this section upon such terms and conditions as the enforcement authority deems appropriate.
(2) Such variance may not allow permanent placement of such containers on a public place. Records shall be maintained of all such variances issued, and the reasons justifying the issuance thereof;
(S) Trash or garbage strewn upon the ground in the vicinity of trash or garbage containers, unless enclosed in containers or bags as authorized by ordinance on regular collection days;
(T) Any furniture, not originally designed or manufactured solely for outdoor use, or furniture which was originally designed or manufactured for outdoor use, which is now dilapidated or deteriorated;
(U) Accumulations of stagnant water;
(V) Any real or personal property infested with insects, rats, vermin, or wild or domestic animals, to a degree that prevents the reasonable use and enjoyment of adjoining and surrounding properties; and
(W) Basketball goals or other privately owned structures erected in, or infringing upon, any public place, or right-of-way, which are deemed to create a safety hazard to the public.
(Ord. 2020-10, passed 10-27-2020)