§ 151.009  RESTRICTIONS ON USE OF HOUSEHOLD APPLIANCES.
   (A)   Household  appliances  prohibited  in  certain locations.
      (1)   This section is intended to regulate the outdoor location and operation of household appliances in order to minimize noise impacts on surrounding properties, to preserve the aesthetic value of properties within the town and to protect and preserve property values within the town.
      (2)   Household appliances shall only be located and operated within the fully enclosed walls of residential or commercial structures including but not limited to principal and accessory buildings. Location of a household appliance on a porch or deck or within a carport that is not fully enclosed shall not be considered “within the fully enclosed walls of residential or commercial structures” and as such, is prohibited.
   (B)   Nonconformities.
      (1)   This section shall be effective immediately upon adoption by the Board of Aldermen of the town.
      (2)   Any outdoor appliance not in conformity with the requirements of this section and lawfully in place prior to the effective date of this section shall be removed or rendered in compliance with this section within one year of its effective date.
      (3)   After the effective date of this section, any outdoor appliance that replaces an outdoor appliance not in conformity, or any outdoor appliance that is moved to a location other than that in which it was located on such effective date, shall comply with the provisions of this section.
      (4)   Within 30 days of adoption of this section, all  nonconforming  household  appliances  shall  be  fully screened to prevent such household appliances from being visible from the ground level of adjacent properties and from any public right-of-way.
   (C)   Enforcement; penalties.
      (1)   When the Code Enforcement Officer determines that outdoor appliances are installed in a manner that is not in conformance with the provisions of this section, the Code Enforcement Officer shall immediately notify the property owner of the violation. The property owner shall have 90 calendar days from the date of the notification to make the changes required to bring the outdoor appliance into compliance.
      (2)   A violation of the provisions of this section shall subject the offender to a civil penalty in the amount of $50 per day to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 15 days after having been cited for a violation of this chapter. Each day’s continuing violation shall be a separate and distinct offense.
      (3)   The property owner may appeal the decision of the Code Enforcement Officer to the Town Manager. The appeal must be in writing and filed with the Town Clerk within ten days of the date of the notice of violation. The decision of the Town Manager in such matters shall be final.
(Ord. 1587, passed 12-11-08)