§ 14-01-150. Outdoor storage.

(a)

Definitions. As used in this section:

(1)

Junk means any manufactured good, appliance, fixture, furniture, machinery, vehicle, personal property or any other thing or part thereof, whether of value or valueless, that is demolished, discarded, dismantled, or in such a condition as to be generally unusable and/or inoperable in its existing state. This shall include by way of illustration only and without limitation wood, used lumber, paper, glass, bottles, rags, rubber, scrap metal, tin cans, scrap material, waste, concrete, rubble, boxes, crates, building materials, or machinery parts.

(2)

Fence or wall means of solid construction of boards, brick or other similar materials, not less than eight (8) feet in height above the level of the ground and maintained in a sightly, safe, and secure condition.

(3)

Junk or automobile salvage yard shall mean any premises, area or piece or parcel of land which is exposed to the weather and which displays junk as defined in section 14-01-150(a)1.

(b)

Declared nuisance. The presence of junk on any street, occupied or unoccupied land within the city limits in violation of the terms of this section is a public nuisance.

(c)

Prohibited acts. It is unlawful for any person, firm, or corporation to store, or permit to be stored or placed, or allow to remain on any public or private property or street or highway within the city limits any junk unless such junk is in an enclosed fence or wall and such junk is not visible from adjoining or surrounding property or from the street or streets or public ways. It shall be unlawful for any person to allow any vehicle regardless of condition to be left unattended on jacks or blocks for any length of time. Such activity shall be considered a public nuisance and a danger to the public welfare.

(d)

The department of public safety may, after giving notice to both the person responsible for the property and any identified owner of junk, order the junk removed from the premises.

The notice of removal shall inform an interested party that they may request a hearing before the city manager or his designee to show cause why the junk is not in violation of the ordinance. Requests for hearing must be filed in writing with the city manager within ten (10) calendar days of the notice of removal. If a hearing is requested, the requesting party shall be given written notice by first class mail of the hearing at least ten (10) calendar days before the hearing.

(Ord. No. 1003, § 80, 3-25-97; Ord. No. 1261, § 3, 3-28-06; Ord. No. 1398, § 5, 6-14-11)