§ 23-48. Open storage of rusted, junked, etc., machinery, equipment, etc.  


Latest version.
  • (a)

    It shall be unlawful for any person to place or leave, on any property in the city, any dilapidated furniture, appliance, machinery, equipment, building material or other item, which is either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition and which is not completely enclosed within a building. Any such item which remains on the property for a period of seven (7) days after notice of violation of this section is given to the owner of such property shall be presumed to be abandoned and subject to being removed from the property by the city or its agents without further notice. In the event any such item is so removed, the cost of removal, including an administrative fee in the amount of one hundred fifty dollars ($150.00), shall be charged to the owner of the property. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner shall constitute a lien upon the property and may be collected in any manner provided by law for the collection of taxes.

    (b)

    This section shall not apply to any licensed junk dealers or establishments engaged in the repair, rebuilding, reconditioning or salvaging of equipment.

    (c)

    A violation of this section shall constitute a class 1 misdemeanor. In addition to any other remedy provided herein, the code enforcement administrator may institute legal action to enjoin the continuing violating of this section.

    (d)

    The provisions of this section shall not apply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes.

    (Ord. No. 1016, § 17-12(B), 1-14-80; Ord. No. 1917, 10-2-89; Ord. No. 1930, 10-23-89; Ord. No. 2130, 5-12-92; Ord. No. 2205, 2-9-93; Ord. No. 2469, 1-13-98; Ord. No. 3015, 5-13-08)

(Ord. No. 1016, § 17-12(B), 1-14-80; Ord. No. 1917, 10-2-89; Ord. No. 1930, 10-23-89; Ord. No. 2130, 5-12-92; Ord. No. 2205, 2-9-93; Ord. No. 2469, 1-13-98; Ord. No. 3015, 5-13-08)