(A) The maintaining, using, placing, depositing, leaving, or permitting to be or remain on any public or private property of the following items, conditions, or actions is declared to be and constitute a nuisance; provided, however, this list shall not be deemed or construed to be conclusive, limiting, or restrictive:
(1) Noxious weeds and rank vegetation, as defined by either applicable state statutes and regulations or the county’s official list of weeds, and other rank vegetation, including but not limited to any grass, weeds, or other vegetation, living or dead, the height of which exceeds nine inches above ground level. The failure by any property owner to cut grass, weeds, or other vegetation, living or dead, on his or her property shall be evidence that the property owner is maintaining a nuisance. This provision shall not apply to real estate within the town’s AG and AG-B Zoning District classification, or any real estate that is zoned for residential uses, but not platted. Once platted, this provision then applies;
(2) Accumulation of rubbish, trash, refuse, junk, and other abandoned materials, metals, lumber, building materials, site improvement materials (e.g., dirt, clay, sand, gravel, tree stumps, etc.) or other things on public or private property;
(3) Any condition which provides harborage for rats, mice, snakes, and other vermin;
(4) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
(5) All unnecessary or unauthorized noises and annoying vibrations, including noises;
(6) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances, or other causes which give rise to the emission or generation of those odors and stenches;
(7) The carcasses of animals or fowl not disposed of within a reasonable time after death, but not greater than three calendar days;
(8) The pollution of any public well or cistern, stream, lake, canal, or body of water by sewage, dead animals, industrial wastes, or other substances;
(9) Any building, structure, or other place or location where any activity which is in violation of local, state, or federal law is conducted, performed, or maintained;
(10) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;
(11) Dense smoke, noxious fumes, gas, soot, or cinders, in unreasonable quantities;
(12) The obstruction of any public street, road, or sidewalk;
(13) The obstruction of any dedicated easement;
(14) The alteration of the flow of stormwater to the detriment of surrounding property;
(15) Any junk vehicle, as defined in division (B) below;
(16) The discharge of any liquid onto the property of another person, including but not limited to the discharge of any water as the result of the draining of a swimming pool or the operation of a sump pump;
(17) Dangerous trees or stacks, as defined herein;
(18) Trees and shrubbery obstructing streets and sidewalks, as defined herein. No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street; and
(19) The storage of scrap metal within the limits of the town, except on premises authorized and/or zoned by the town for those purposes.
(B) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS TREE OR STACK. Any tree, stack, or other object standing in a condition so that it may, if the condition is allowed to continue, endanger the life, limb, or property of, or cause hurt, damage, or injury to persons or property of residents, public streets, or public ways adjacent thereto, by the falling thereof or of parts thereof.
JUNK VEHICLE. A motor vehicle, or a part or parts from a motor vehicle, which meets any one of the following qualifications:
(a) It does not carry the current state registration (license plates);
(b) It cannot be safely operated under its own power;
(c) It is not carried on the most recent tax records of the Lake County Assessor’s office; or
(d) It is not the property of and is not located in a licensed junkyard.
TREES AND SHRUBBERY OBSTRUCTING STREETS AND SIDEWALKS. The growing and/or maintenance of trees with less than 14 feet of clearance over streets or less than eight feet over sidewalks, or the growing and/or maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street.
(C) Penalty.
(1) The penalty for an initial violation of this section shall be a fine of $25; thereafter, the penalty shall be $50 for a second violation; and thereafter, the penalty shall be $250 for a third and each subsequent violation occurring within a consecutive 12 month period. Each occurrence shall constitute a separate violation. The imposition of said fine shall not prevent the town from exercising any other remedies as identified for violations of this chapter, inclusive of collection of costs for enforcement, which include, but are not necessarily limited to, court costs, Town Attorney fees for prosecution of violations hereof, and all related similar costs of enforcement.
(2) For specific violations of § 90.03(A)(5), as amended from time to time, the penalty for an initial violation of § 90.03(A)(5) shall be a fine of $100; thereafter, the penalty shall be $150 for a second violation; and thereafter, the penalty shall be $250 for a third and each subsequent violation occurring within a consecutive 12 month period. Each occurrence shall constitute a separate violation. The imposition of the fine shall not prevent the town from exercising any other remedies, as identified, for violation of this chapter, inclusive of collection of costs for enforcement, which include but are not necessarily limited to, court costs, Town Attorney fees for prosecution of violations hereof, and all related similar costs of enforcement.
(Ord. 73B, passed 6-26-2012; Am. Ord. 73-C, passed 1-27-2015; Am. Ord. 241-A, passed 2-24-2015)