Code Enforcement - Trash/Improperly Stored Property

Some personal property is designed to be kept outdoors. For example, grills, lawn furniture, bird feeders, etc. would all normally not be kept indoors. The common definition of "improperly stored property" is "any item that would not reasonably be stored outdoors for extended periods of time". This would include things like tools, tires, clothes, sofas, electronic equipment, cardboard boxes, auto parts, and the like.  The ordinances shown here give guidelines on improperly stored property.

Note: The City will automatically remove yard waste (grass, clippings, branches, etc.) placed by the street for pick up.  However, trash piles (i.e. auto parts, furniture, etc.) that have been placed by the street for pick up will not be removed without first calling Public Works at 265-5989.


Sec. 26-30. Storing of refuse.

 

(a)  Public places. No person shall place any refuse in any street, alley or other public place or upon any private property, whether owned by the person, within the city, unless the refuse shall be in proper containers for collection or under express approval granted by the department of public safety and welfare and public works. No person shall throw or deposit any refuse in any stream or other body of water.

(b)  Unauthorized accumulation prohibited; declared nuisance. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited.

(c)  Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the city any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the city. 

 

Sec. 26-31. Placement of refuse in gutters or streets prohibited; declared nuisance.

 

The placement or scattering of yard clippings, tree limbs and/or other refuse in or upon street gutters and/or the street surface is hereby declared a nuisance and a danger to storm drainage control and shall be prohibited. Such activities shall be deemed an offense and shall be punished as provided in section 1-13.

(Code 1962, ยง 10-8)

 

Sec. 26-32. Prohibited conditions.

 

The following conditions are prohibited in the city and are declared nuisances:

(1)     Any accumulation of rubbish, trash, junk and other abandoned materials, metals, lumber or other things.

 

(11)    Unsheltered storage for a period of 30 days or more within the corporate limits of this city, except in licensed junkyards, of old and unused stripped junk and other automobiles not in good and safe operating condition, and of any other vehicles, machinery, implements, or equipment or personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, is hereby declared to be a nuisance and a danger to public health, safety and welfare.

(12)    For the purpose of this article, the term "nuisance" shall also include any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which the premises are located. This includes, but is not limited to, the keeping or depositing on or the scattering over the premises of any of the following:

a.   Lumber, junk, trash, or debris; and

b.   Abandoned, discarded, unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers.

 

Sec. 26-33. Additional prohibited conditions.

 

The following conditions are prohibited on improved property and are declared nuisances:

(1)  Any refuse of a height of more than one foot.

 

Sec. 54-27. Unacceptable refuse.

 

(a)      Refuse materials that are not acceptable for collection by the sanitation division, as enumerated in this section, unless specifically noted in this section, shall be disposed of by the occupant of the premises generating the unacceptable refuse. Failure of the occupant generating the unacceptable refuse to properly dispose of the unacceptable refuse and the refuse is on the municipal right-of-way shall result in the city handing to any occupant of the premises or posting notice on the premises that they have 72 hours in which to remove the unacceptable refuse from the right-of-way or to make arrangements with the city to have it picked up under the city's special services program. If such person does not respond within the 72-hour time frame, excluding weekends and holidays, the city has the right to remove the unacceptable refuse and charge directly by the utility bill the cost of pickup and disposal of unacceptable refuse described but not limited to as follows:

(1)      Materials which have not been prepared for collection in accordance with this article.

(2)      Hazardous materials or substances, such as paint, poisons, acids, caustics, infected materials, explosives, batteries, asbestos, hydrocarbons and radioactive materials. These materials cannot be handled by city employees. Any nonobservance of this law will be a violation, and a fine will be levied according to the magnitude of the offense.

(3)      Materials resulting from remodeling, repair, excavation or construction of buildings or structures, such as earth, plaster, mortar, roofing materials, sheetrock, etc.; commonly referred to as "C and D waste."

(4)      Solid wastes resulting from industrial processes.

(5)      Tree stumps, trunks and limbs larger than four inches in diameter or four feet in length.

(6)      Refuse created by any private contractor as described in other sections of this chapter.

(7)      Animal waste, dead animals or tires.

(b)      As used in this section, the term "utility bill" means the itemized statement rendered by the city for the city's solid waste service, the city's water service, the city's sewage collection and disposal service, the city's garbage collection and disposal service or any combination of such services.

(c)      If any special services fees and charges are not paid within 30 days of the due date, the city shall give written notice by regular mail to the occupant of the premises for which such utility bill was rendered, who shall be deemed the agent of the owner of the premises for the purpose of notice specifying the amount due, with penalties, and advising of the city's intention to terminate all services itemized on the utility bill and impose a lien upon the property receiving utility service on a date not lessthan ten days after the mailing of such notice. Such notice shall also contain a statement to the effect that the occupant has the right to a hearing before the city manager within such ten day period and state the telephone number at the city hall where the city manager may be contacted to request such a hearing.

(d)      If a special services fee remains unpaid after the date established in the written notice and no hearing before the city manager has been requested or after such hearing such fee or charges are found to be properly imposed, the city may terminate all services itemized on the utility bill to such premises.

(e)      Nothing contained herein shall authorize the city, absent a court order, disconnecting to a premises the water supply to a pre-engineered fire protective system that is required by law or rule or otherwise cause such system to be rendered inoperative.

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